Patna High Court

Pandit TiwariversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of criminal antecedents, with confirmation contingent on the antecedent check.

Summary

Pandit Tiwari sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 64.590 litres of liquor from the house of Idrish Mian. He argued that he was not present at the location, had no possession of the liquor, and had no relationship with the alleged owner, claiming that a chowkidar had implicated him. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and directing the trial court to verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one antecedent exists, the bail will be confirmed. The order is subject to the conditions of Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether the petitioner’s alleged lack of possession and relationship to the alleged offence warrants bail.
Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
liquor seizure
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69095 of 2025
                         Arising Out of PS. Case No.-228 Year-2025 Thana- EKMA District- Saran
                 ======================================================
                 Pandit Tiwari Son of Jagat Tiwari R/O Vill- Bhodsa, P.S.- Ekma, District-
                 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. Rajendra Prasad Nat
                 ======================================================
                 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 Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 64.590 litres of liquor from house of Idrish Mian. It

                   is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession

                   and the alleged recovery is from a place which does not belong

                   to the petitioner and he has no concern or relation with Idrish

                   Mian and he came to be implicated at the instance of chowkidar

                   but then it is submitted that if chowkidar was aware of the
Patna High Court CR. MISC. No.69095 of 2025(3) dt.07-01-2026
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          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       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.5000/- (Rupees five 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 Ekma

          P.S. Case No.228/2025, 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 more than

          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

          on verification it is found that petitioner has antecedent of one
             Patna High Court CR. MISC. No.69095 of 2025(3) dt.07-01-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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