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Patna High Court

NARAYAN GOSWAMI @ NARAYAN GOSAIversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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