Patna High Court
Viral BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions.
Summary
Viral Bhagat and Lagan Bhagat applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 80 litres of liquor. They contended that they have no prior criminal record, the liquor was not found in their possession, and the alleged recovery occurred at a location not belonging to them, with the informant’s name omitted from the FIR. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their antecedent by the Special Judge. The order stipulated that if any criminal antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the petitioners have a clean criminal antecedent warranting bail
- Whether the FIR sufficiently discloses the informant and grounds for arrest
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- Section 30(a)
- Section 482(2)
- liquor offence
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.783 of 2026
Arising Out of PS. Case No.-591 Year-2025 Thana- MALSALAMI District- Patna
======================================================
1. Viral Bhagat S/O Nemi Bhagat R/O Village- Pirdamariya Ghat, P.S-
Malsalmi, Distt.- Patna.
2. Lagan Bhagat S/O Nemi Bhagat R/O Village- Pirdamariya Ghat, P.S-
Malsalmi, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 80 litres of liquor from a sack. 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 belong to the
petitioners and they came to be implicated at the instance of
Patna High Court CR. MISC. No.783 of 2026(2) dt.15-01-2026
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local person but then it is submitted that name of the person,
who disclosed the name of the petitioners, is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution,
when petitioners admittedly are persons with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each with two
sureties of the like amount each to the satisfaction of learned
Special Judge Excise, Patna City in connection with Malsalami
P.S. Case No.591 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
Patna High Court CR. MISC. No.783 of 2026(2) dt.15-01-2026
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obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
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)
Sanjay/-
U T
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