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Patna High Court

Vishwajeet Bantar @Vishojeet BantarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners subject to bail bonds, sureties, and verification of criminal antecedents.

Summary

Vishwajeet and Abhishek Bantar were implicated in a case under Sections 274, 275(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 for allegedly recovering 49.2 litres of liquor from a public canal. The petitioners, claiming a clean antecedent and no possession at the time of arrest, sought anticipatory bail, arguing that the investigation was mechanical and based on a chowkidar's information. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and two sureties, and directed the trial court to verify their criminal antecedents before confirming the bail. If any antecedent is found, the bail would be presumed concealed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
  • Whether the conditions imposed under Section 482(2) are appropriate for confirming the bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 274
  • Section 275
  • Section 30(a)
  • clean antecedent
  • police investigation
  • bail conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.739 of 2026
                 Arising Out of PS. Case No.-143 Year-2025 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
           1.     Vishwajeet Bantar @Vishojeet Bantar Son of Bindeshwar Kumar Bantar R/o
                  Village - Marukiya, P.S. - Andrathardhi, Distt. - Madhubani.
           2.    Abhishek Bantar Son of Shiv Kumar Bantar R/o Village - Marukiya, P.S. -
                 Andrathardhi, Distt. - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ratnakar Jha
                 For the Opposite Party/s :      Mr.Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 274, 275,

                   3(5) of the BNS and Section 30(a) of Bihar Prohibition and

                   Excise (Amendment) Act, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 49.2 litres of liquor from a place near a canal. It is

                   next submitted that petitioners were not arrested from the spot

                   as such nothing was recovered from their conscious possession

                   and even alleged recovery is from a place which does not
Patna High Court CR. MISC. No.739 of 2026(2) dt.15-01-2026
                                            2/3




          belong to the petitioners and is accessible to public at large and

          they came to be implicated at the instance of chowkidar but then

          it is submitted that police in mechanical manner investigates and

          implicates either at the instance of chowkidar, local person,

          secret information or confessional statement without holding

          proper investigation, when petitioners admittedly are persons

          with clean antecedent.

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

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each 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

          Andrathardhi P.S. Case No.143/2025, subject to the conditions

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

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

          thereafter shall verify the criminal antecedents of the petitioners

          and in the event if it is found that petitioners have antecedent of
             Patna High Court CR. MISC. No.739 of 2026(2) dt.15-01-2026
                                                         3/3




                       even one case, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with but if after verification it is found that

                       petitioners are persons 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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