Patna High Court
Raju Tiwari @ Guddu TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedent and compliance with the conditions under Section 438(2) CrPC.
Summary
The petitioner, Raju Tiwari, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 20 litres of liquor from a location adjacent to his shop. He argued that he was not arrested at the spot, no liquor was found in his possession, and the case was based on secret information. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent; if more than four prior cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith. The court invoked Section 438(2) of the Cr.P.C. in granting the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the absence of seized liquor in the petitioner’s possession justifies anticipatory bail.
- Whether the petitioner’s criminal antecedent of four cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Section 438
- criminal antecedent
- provisional bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63438 of 2025
Arising Out of PS. Case No.-111 Year-2022 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Raju Tiwari @ Guddu Tiwari S/O Late Nand Kishore Tiwari R/O Village-
Bhumai, P.S. - Akbarpur, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which two cases
are under the Excise Act and allegation is of recovery of 20
litres of liquor from a place behind the shop of the petitioner.
4. Learned counsel for the petitioner submits that
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 is adjacent to his shop, as such,
he came to be implicated based on the secret information which
Patna High Court CR. MISC. No.63438 of 2025(3) dt.06-01-2026
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is the easiest way to implicate someone. It is next submitted that
once an accused is implicated in a case relating to excise the
police start implicating mechanically without holding a proper
investigation of the case either at the instance of the Chawkidar,
local person, secret information or confessional statement.
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, let 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.20,000/- (Rupees Twenty 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
G.O. Case No. 111 of 2022, subject to the conditions as laid
down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than four cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.63438 of 2025(3) dt.06-01-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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