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Patna High Court

Thakur Tudu @ Padum TuduversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                                        3/3




                      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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