Patna High Court
JunglaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioners, subject to bail bonds, sureties, verification of antecedents, and compliance with Section 482(2) of the BNSS.
Summary
The petitioners, Jungla and Mangal Ram, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of 43.82 litres of liquor from a co‑accused's residence. They argued that they have clean antecedents, were not caught in possession, and the liquor was recovered from a premises that does not belong to them, alleging that the investigation relied on secret information. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs. 500 each, two sureties, and a requirement that the petitioners deposit Rs. 1,500 with the High Court Legal Services Committee. The order also stipulated that the trial court verify the petitioners' criminal antecedents and that the bail would be confirmed only if they are found to have no prior cases; any undisclosed antecedent would lead to the bail being withdrawn. The provisional bail is thus conditioned on compliance with Section 482(2) of the BNSS and verification of clean records.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners' lack of possession and clean antecedent justify granting anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- liquor seizure
- clean antecedent
- Section 482(2) BNSS
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5803 of 2026
Arising Out of PS. Case No.-550 Year-2025 Thana- GARDANIBAG District- Patna
======================================================
1. Jungla S/O Late Bittu Ram R/O Mohalla- Ambedkar Colony, P.S-
Gardanibagh, District- Patna.
2. Mangal Ram @ Mangla S/O Late Biltu Ram R/O Mohalla- Ambedkar
Colony, P.S- Gardanibagh, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 43.82 liters of liquor from the house of co-accused
person at Ambedkar colony.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.5803 of 2026(2) dt.03-02-2026
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recovery is from a place which does not belong to the
petitioners and they came to be implicated based on secret
information which is the easiest way to implicate someone
without holding a proper investigation, when petitioners
admittedly are persons with clean antecedent.
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 before the learned Trial Court
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
Gardanibag P.S. Case No. 550 of 2025 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 event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
Patna High Court CR. MISC. No.5803 of 2026(2) dt.03-02-2026
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concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
8. At this stage, the learned counsel for the
petitioners, based on instruction, undertakes to deposit an
amount of Rs. 1500/- with the High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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