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Patna High Court

Anguri Bind @ Pradeep KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent check.

Summary

The petitioner, Anguri Bind, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 40 litres of liquor from a public area near the Panchayat Bhawan. The petitioner argued that he was not caught in possession, the liquor was recovered from a place he did not own, and the complaint was filed by a hostile chowkidar who had not reported the matter earlier. The State opposed the bail, contending that the allegations warranted arrest. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a Rs.10,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of possession and the public nature of the alleged location justify denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • recovery without possession
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7571 of 2026
                 Arising Out of PS. Case No.-95 Year-2025 Thana- GOVINDGANJ District- East Champaran
                 ======================================================
                 Anguri Bind @ Pradeep Kumar S/o Thag Bind @ Thag Mukhiya R/o Village-
                 Nawada Choubey Tola, P.S.- Govindganj, District-East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 40 liters of liquor from a bag near Panchayat

                   Bhawan.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.7571 of 2026(2) dt.23-02-2026
                                            2/3




          at the instance of Chowkidar with whom he is on an inimical

          term. It is also submitted that if Chowkidar was aware of 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

          Govindganj P.S. Case No. 95 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
            Patna High Court CR. MISC. No.7571 of 2026(2) dt.23-02-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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