Patna High Court
Arvind Bharti @ Arwindra BhartiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents under Section 482(2).
Summary
The petitioners, Arvind Bharti and Shivam Kumar, sought anticipatory bail fearing arrest in a case alleging possession of 3.9 litres of liquor recovered from a guard's room at a water tank, invoking sections of the Bihar Narcotic Substances Act, 2023 and the Bihar Prohibition and Excise Amendment Act, 2022. They argued they have clean antecedents, were not arrested on the spot, had no conscious possession, and the alleged liquor was in a publicly accessible area, with the complaint stemming from a hostile relationship with the chowkidar. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties each, subject to verification of the petitioners' criminal antecedents by the trial court under Section 482(2). If any antecedent is found, the bail will not be confirmed; if they are found clean, the bail will be confirmed forthwith.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the pending case under the cited provisions.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 190, 191(2), 192
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 45
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- liquor possession
- clean antecedent
- Section 482
- provisional bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45752 of 2026
Arising Out of PS. Case No.-176 Year-2025 Thana- PIPRAHI District- Sheohar
======================================================
1. Arvind Bharti @ Arwindra Bharti son of Kameshwar Bharti Resident of
Village - Dekuli Dharampur Ps- Piprahi, Dist- Sheohar
2. Shivam Kumar son of Bigan Bharti @ Lalu Bharti Resident of Village -
Dekuli Dharampur Ps- Piprahi, Dist- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 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 Sections 191(2),
190, 126(2), 115(2), 192 of the BNS, 2023 and Section 45 of
Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 3.900 litres of liquor from room of the guard at
Water tank.
4. Learned counsel submits petitioners were not
arrested from the spot as such nothing was recovered from their
Patna High Court CR. MISC. No.45752 of 2026(2) dt.10-07-2026
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conscious possession and even alleged recovery is from a place
which does not belong to the petitioners ands is accessible to
public at large and they came to be implicated at the instance of
chowkidar with whom they are on an inimical term.
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 Piprahi P.S. Case No.176 of 2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
7. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.45752 of 2026(2) dt.10-07-2026
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confirmed but if after verification 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)
amit/-
U T
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