Patna High Court
Vishwajeet Bantar @Vishojeet BantarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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/-
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