Patna High Court
Timal RavidasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to verification of the petitioners' criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioners, Timal Ravidas and Lalit Paswan, applied for anticipatory bail in a case registered under Section 328 of the Indian Penal Code and Sections 30(a) and 30(c) of the Bihar Excise Act concerning the alleged recovery of 180 litres of liquor and 11,000 litres of raw material from a public area near the Morhar river. They argued that they have no prior criminal record, that the seized liquor was not in their possession, and that the complaint originated from a hostile chowkidar who failed to inform police earlier. The State opposed the bail, contending that the offences are serious and that bail should not be granted. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and two sureties, and directed the trial court to verify their criminal antecedents. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed for that petitioner; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under Section 328 IPC and Sections 30(a), 30(c) of the Bihar Excise Act.
- Whether the petitioners have a clean criminal antecedent warranting bail.
- Whether the circumstances of the alleged seizure from a public place justify the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(c)
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 328
Subjects
- anticipatory bail
- Section 328 IPC
- Bihar Excise Act
- clean antecedent
- provisional bail
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38824 of 2026
Arising Out of PS. Case No.-477 Year-2021 Thana- MASAUDHI District- Patna
======================================================
1. Timal Ravidas S/o Suresh Ravidas R/o Village - Sukhatiya, P.S - Masaurhi,
District - Patna
2. Lalit Paswan S/o Late Vishawnath Paswan @ Raghunandan Paswan R/o
Village - Sukhatiya, P.S - Masaurhi, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Tripti Singh
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 328 of IPC
and Sections 30(a) and 30(c) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 180 litres of liquor from a place near mango orchard
situated near bank of Morhar river along with 11,000 litres raw
materials which was destroyed.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.38824 of 2026(2) dt.29-06-2026
2/3
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated by the Chowkidar with whom they are on an
inimical term. It is next submitted that if Chowkidar was aware
about the involvement of the petitioners 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Masaurhi P.S. Case No. 477 of 2021, subject
to the conditions as laid down under Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
Patna High Court CR. MISC. No.38824 of 2026(2) dt.29-06-2026
3/3
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.