Patna High Court
NARAYAN GOSWAMI @ NARAYAN GOSAIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to a bail bond, sureties, and verification of the petitioner’s antecedents.
Summary
The petitioner, Narayan Goswami, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 40 litres of liquor recovered from a semi‑constructed house. He was not arrested at the scene and the liquor was not found in his conscious possession. The petitioner has two prior cases under the Excise Act, and counsel argued that the recovery was a ploy to implicate his family. The State opposed anticipatory bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed only if the antecedent does not exceed two cases.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged liquor possession and prior criminal antecedents.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor possession
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84932 of 2025
Arising Out of PS. Case No.-188 Year-2025 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
======================================================
NARAYAN GOSWAMI @ NARAYAN GOSAI Son of Lagan Goswami R/o
village Ramgarh, P.S.- Bhagwanpur, District - Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan
For the Opposite Party/s : Mr. Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and allegation is of
recovery of 40 litres of liquor from a semi constructed house of
the petitioner. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and the house is under construction as
such no one stays in the house but then is accessible to villager
at large as such it is submitted that it appears that someone
Patna High Court CR. MISC. No.84932 of 2025(3) dt.20-01-2026
2/3
inimical to the family concealed meager amount of liquor in the
house with an intent to implicate the entire family members and
the petitioner came to be implicated based on secret information
since he is having antecedent under the Excise Act without
holding any proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten 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
Bhagwanpur P.S. Case No.188/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.84932 of 2025(3) dt.20-01-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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