Patna High Court
Thakur Tudu @ Padum TuduversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of antecedent under Section 482(2) of the BNSS.
Summary
The petitioners, Thakur Tudu and his wife Sunita Devi, feared arrest in a case under Sections 30(a) and 45 of the Bihar Excise Act for allegedly recovering 30 litres of liquor from a village area. They argued they have no prior criminal record, were not caught in possession, and the liquor was recovered from a place not owned by them but accessible to villagers. The State opposed their request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned on verification of the petitioners’ antecedents by the trial court. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the FIR under the Bihar Excise Act.
- Whether the petitioners have a clean criminal antecedent sufficient to justify anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- clean antecedent
- FIR
- liquor seizure
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79329 of 2025
Arising Out of PS. Case No.-109 Year-2025 Thana- BHAWANIPUR District- Purnia
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1. Thakur Tudu @ Padum Tudu Son of Daso Tudu R/o Village - Braham gyani
Kamat, Ward no. - 09, P.S. - Bhawanipur, Dist. - Purnea.
2. Sunita Devi Wife of Thakur Tudu @ Padum Tudu R/o Village - Braham
gyani Kamat, Ward no. - 09, P.S. - Bhawanipur, Dist. - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 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 offences punishable under Sections 30(a) and
45 of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
2 is a woman and allegation is of recovery of 30 liters of liquor
from Brahmgyani Kamat Tola.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.79329 of 2025(3) dt.21-01-2026
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recovery is from a place which does not belong to the petitioner,
but then is accessible to villagers at large and they came to be
implicated at the instance of Chowkidar, but then it is submitted
that if Chowkidar was aware of the involvement of the
petitioners 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 petitioners.
6. 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 Trial Court
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
Bhawanipur P.S. Case No. 109 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 petitioners and
in the event if it is found that any of the petitioners have
Patna High Court CR. MISC. No.79329 of 2025(3) dt.21-01-2026
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antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if 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)
Rishabh/-
U T
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