Created by Fuzzy Cloud

Patna High Court

Timal RavidasversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.