Patna High Court
Devendra Bhagat @ Jhagru BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions and verification of his criminal antecedents.
Summary
The petitioner, Devendra Bhagat, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 116.640 litres of liquor from a public bush near his house. He argued that the liquor was not in his possession, the location was accessible to the public, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed his request for anticipatory bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a condition that the trial court verify his criminal antecedents, and a deposit of Rs.5,000 with the Advocates’ Association. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed upon verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged offences under Section 30(a) of the Bihar Excise Act.
- Whether the lack of recovery from the petitioner’s possession and the omission of the informant’s name in the FIR justify granting anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- public place
- criminal antecedent
- bail bond
- provisional order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5998 of 2026
Arising Out of PS. Case No.-1990 Year-2025 Thana- Excise P.S. District- Muzaffarpur
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Devendra Bhagat @ Jhagru Bhagat S/o Siheshwar Bhagat R/o Village-
Ramsahay Chhapra, PS- Minapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Kumar
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 116.640 litres of liquor from a bush
approximately 100 m away from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.5998 of 2026(2) dt.03-02-2026
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at the instance of local people, but then the name of the person,
who disclosed the name of the petitioner is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution. It
is further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand) 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 Minapur P.S. Case No.
1990 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 petitioner and in the
event if it is found that petitioner has antecedent of more than two
Patna High Court CR. MISC. No.5998 of 2026(2) dt.03-02-2026
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cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 5,000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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