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Patna High Court

Ritesh BhagatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of antecedent, with confirmation contingent on the nature of the antecedent.

Summary

The petitioner, Ritesh Bhagat, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 207 litres of liquor from a bush not in his possession. He argued that the complaint originated from a chowkidar without prior police information and that no material was seized from him, questioning the propriety of the investigation. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail will not be confirmed, whereas if only one antecedent exists, the bail will be confirmed. The Court invoked its inherent powers under Section 482(2) of the BNSS to issue the order.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioner’s antecedent criminal record should affect the confirmation of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • criminal antecedent
  • FIR
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84193 of 2025
                   Arising Out of PS. Case No.-241 Year-2025 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Ritesh Bhagat S/o Yugul Bhagat @ Jugul Prasad Resident of Village - Koini,
                 Police Station -Manjhagarh, District - Gopalganj

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashank Shekhar
                 For the Opposite Party/s :      Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026               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 the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 207 litres of liquor from a bush.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be

                   implicated at the instance of Chowkidar but then it is submitted
Patna High Court CR. MISC. No.84193 of 2025(2) dt.17-01-2026
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          that if the Chowkidar was aware about 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. It is further submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either at the instance

          of Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   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. 5,000/- (Rupees

          Five 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 Manjhagarh P.S. Case

          No. 241 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 one
              Patna High Court CR. MISC. No.84193 of 2025(2) dt.17-01-2026
                                                          3/3




                        case then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed his 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 one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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