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Patna High Court

Birendra Gupta @ Jitendra PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted when the petitioner has a clean antecedent and the alleged contraband was not found in his possession, subject to verification of antecedents under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Birendra Gupta, feared arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 180 litres of liquor from a public bush near a canal. He argued that he had no prior criminal record, the liquor was not found in his possession, and the location was accessible to the public, making the allegation weak. The State opposed the grant of anticipatory bail. The Court, after considering the petitioner's clean antecedent and lack of possession, ordered provisional anticipatory bail subject to a bond of Rs.500 and two sureties, under Section 482(2) of the B.N.S.S. The order conditioned the trial court to verify the petitioner’s antecedents; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. in the present facts
  • Whether the alleged recovery of liquor from a public place without possession justifies arrest
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedent
  • liquor offence
  • possession
  • Section 274 BNS
  • Section 275 BNS
  • Section 30(a) Bihar Prohibition and Excise Act
  • Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32705 of 2026
                     Arising Out of PS. Case No.-35 Year-2026 Thana- SIKTA District- West Champaran
                 ======================================================
                 Birendra Gupta @ Jitendra Prasad S/o Munilal Sah R/o Village- Dharampur,
                 Police station- Sikta, District- West Champaran
                                                                           ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Brij Kishor Mishra
                 For the Opposite Party/s :        Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER
2   13-05-2026                  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 Sections 274, 275 of

                   the BNS, 2023 and Section 30(a) of Bihar Prohibition and Excise

                   Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 180 litres of liquor from a bush near bank of a canal.

                   It is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession and

                   even alleged recovery is from a place which does not belong to the

                   petitioner and is accessible to public at large and he came to be

                   implicated based on secret information which is the easiest way to

                   implicate someone without holding a proper investigation, more

                   so, when petitioner admittedly is a person with clean antecedent.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.32705 of 2026(2) dt.13-05-2026
                                                       2/2




                     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 Sikta P.S.

                     Case No.35/2026, 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

                     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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