Patna High Court

Nawal RoyversusThe State of Bihar

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

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Nawal Roy, feared arrest in a case under the Bihar Excise Act for alleged possession of 102 litres of liquor recovered from a motorcycle. He argued that he was not caught in the act, the seized vehicle was not his, and the complaint originated from a chowkidar, raising doubts about the prosecution's case. The State opposed his request for anticipatory bail, citing his two prior excise cases. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of his criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if exactly two, the provisional bail would be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the alleged offences under the Bihar Excise Act and his prior criminal antecedent.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
prior convictions
Section 482
Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69496 of 2025
                 Arising Out of PS. Case No.-150 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Nawal Roy S/o Dinanath Roy R/o Village- Chhotka Pakahi, P.S.- Lakhaura,
                 District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vijay Shankar Shrivastava
                 For the Opposite Party/s :      Mr.Zainul Abedin
                 ======================================================
                 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 offences punishable under Sections 30(a), 32

                   and 41(1) 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 102 litres of liquor from a

                   motorcycle.

                             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 is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of Chowkidar but then it is submitted that if the Chowkidar was
Patna High Court CR. MISC. No.69496 of 2025(3) dt.07-01-2026
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          aware about the 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.

                   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 Lakhaura

          P.S. Case No. 150 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 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
              Patna High Court CR. MISC. No.69496 of 2025(3) dt.07-01-2026
                                                          3/3




                        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.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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