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Patna High Court

Baba Tiwari @ Dharmendra Tiwari @ Dharmendra Kumar TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The anticipatory bail application is allowed, granting provisional anticipatory bail subject to conditions.

Summary

The petitioner, Baba Tiwari, feared arrest in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that 861.660 litres of liquor were recovered from a truck. He argued that he was not arrested at the spot, had no possession of the liquor, was not the truck’s owner, and was implicated only through a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed the anticipatory bail application. The Court, considering the petitioner’s clean antecedent and the weak evidential basis, granted provisional anticipatory bail on a bond of Rs.500 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of his criminal record. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the confessional statement of a co‑accused provides sufficient basis for arrest.
  • Whether the petitioner’s clean antecedent warrants bail.
  • Whether Section 482(2) of the B.N.S.S. applies to the provisional bail order.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • clean antecedent
  • Section 482
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.445 of 2026
                     Arising Out of PS. Case No.-620 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Baba Tiwari @ Dharmendra Tiwari @ Dharmendra Kumar Tiwari S/O
                 Kashinath Tiwari R/O Vill.- Bagahawa Tiwari, P.S.- Bhore, Dist.- Gopalganj

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Baijnath Sah, Advocate
                 For the Opposite Party/s :        Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a) and 32 of Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 861.660 litres of liquor from a truck. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized truck and came to be implicated based

                   on confessional statement of apprehended accused in police

                   custody, which does not have any evidentiary value. It is also

                   submitted that police in mechanical manner implicates without
Patna High Court CR. MISC. No.445 of 2026(2) dt.15-01-2026
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          holding a proper investigation, when petitioner admittedly is a

          person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned A.D.J.-IV-cum-

          Exclusive       Special     Excise      Court/Judge-II,   Gopalganj   in

          connection with Excise P.S. Case No.620 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,

          in that event, the present provisional anticipatory bail order shall
               Patna High Court CR. MISC. No.445 of 2026(2) dt.15-01-2026
                                                           3/3




                         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)

Sanjay/-

U          T


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