Patna High Court
Tena Bhuiyan @ Ranjit RikiyasanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
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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