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Patna High Court

Tena Bhuiyan @ Ranjit RikiyasanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Tena Bhuiyan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of 90 litres of liquor from a location not owned by him. He argued he had a clean antecedent, the liquor was not found in his possession, and the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs.500 bond with two sureties and directed the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018
  • Whether the absence of the informant’s name in the FIR affects the validity of the prosecution’s case
  • Whether the petitioner’s clean antecedent warrants provisional bail

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • liquor seizure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32919 of 2026
                          Arising Out of PS. Case No.-195 Year-2022 Thana- AMAS District- Gaya
                 ======================================================
                 Tena Bhuiyan @ Ranjit Rikiyasan S/O Shankar Rikiyasan @ Shankar
                 Bhuiyan R/O Village- Baliyari, Post- Jhuri, PS- Amas, Distt- Gaya(Bihar)
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Praveen Kumar
                 For the Opposite Party/s :        Mr. Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 90 litres of liquor from two kiln at Bihari Bigha. 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 villagers at large and he came to be

                   implicated at the instance of local person but then the name of the

                   person who disclosed the name of the petitioner is not disclosed in

                   the FIR which casts an aspersion on the case of the prosecution.

                                4. Learned A.P.P. for the State opposes the prayer for
             Patna High Court CR. MISC. No.32919 of 2026(2) dt.14-05-2026
                                                         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 Amas P.S.

                       Case No.195/2022, 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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