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Patna High Court

Chhotan TiwariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions imposed under Section 482(2) of the CrPC.

Summary

The petitioner, Chhotan Tiwari, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 after 34.2 litres of liquor were recovered from a scooty he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that another person, Sant Kumar, misused his vehicle. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is found, the bail would not be confirmed; if he is found to have a clean record, the bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the ownership of the vehicle from which liquor was recovered makes the petitioner liable for the offence.
  • Whether the conditions imposed under Section 482(2) of the Criminal Procedure Code are appropriate for granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 482
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67492 of 2025
                        Arising Out of PS. Case No.-9 Year-2025 Thana- DAUDPUR District- Saran
                 ======================================================
                 Chhotan Tiwari S/O Sudish Tiwari R/O - Dhamsar, P.S.- Janta Bajar, Dist.-
                 Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mirtunjay Kumar Tiwary
                 For the Opposite Party/s :       Mr. Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 34.2 litres of liquor from a scooty.                    It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.67492 of 2025(3) dt.07-01-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that Sant Kumar would misuse his vehicle

          in the manner as alleged who was also apprehended from the

          spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees five hundred) 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 Daudpur

          P.S. Case No.9/2025, subject to the conditions as laid down

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

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.67492 of 2025(3) dt.07-01-2026
                                                         3/3




                       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)
amit/-

U        T


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