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Patna High Court

Devnarayan Chaurasiya @ Deo Narayan Prasad @ Devnarayan BhagatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

The petitioner, Devnarayan Chaurasiya, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of liquor recovered from a motorcycle, a house, and his washroom. He argued that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the complaint was motivated by an inimical chowkidar. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. Act. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. Act in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30786 of 2026
                       Arising Out of PS. Case No.-122 Year-2026 Thana- GORAUL District- Vaishali
                 ======================================================
                 Devnarayan Chaurasiya @ Deo Narayan Prasad @ Devnarayan Bhagat S/O
                 Late Rameshwar Bhagat R/Vill.- Dhane Dhane Goraul, P.S.- Goraul, District-
                 Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anuj Kumar
                 For the Opposite Party/s :        Ms. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 12 litres of liquor from a motorcycle, 7.5 litres of

                   liquor from house of Rahul and 580.510 litres of liquor from

                   washroom of the petitioner. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and the house in question is a

                   joint family property as such it cannot be alleged with certainty
Patna High Court CR. MISC. No.30786 of 2026(2) dt.06-05-2026
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          that it was petitioner, who had kept the liquor in the washroom

          or the liquor kept in the washroom was within his knowledge

          and he came to be implicated at the instance of chowkidar with

          whom he is on an inimical term. It is next submitted that if

          chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution, when petitioner admittedly is a person

          with clean antecedent.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.500/- (Rupees five hundred) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Goraul P.S. Case No.122/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the
             Patna High Court CR. MISC. No.30786 of 2026(2) dt.06-05-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of even one

                       case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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