Patna High Court
Anguri Bind @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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