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Patna High Court

Viral BhagatversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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