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Patna High Court

Vindeshwari Sardar @ Bindi SardarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.

Summary

The petitioner, Vindeshwari Sardar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 30 litres of liquor from a location adjacent to his house. He asserted a clean criminal record and argued that the liquor was not found in his possession and that the complainant, the chawkidar, failed to inform police earlier, casting doubt on the prosecution’s case. The State opposed the bail. The Court, considering the petitioner’s clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties of the same amount, and verification of his antecedent by the trial court within six weeks. The order was made under Section 438(2) of the Criminal Procedure Code, with a condition that the bail may be cancelled if any prior case is discovered. The provisional bail will be confirmed if the verification confirms his clean record.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • Criminal Procedure Code
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90425 of 2025
                     Arising Out of PS. Case No.-295 Year-2025 Thana- CHHATAPUR District- Supaul
                 ======================================================
                 Vindeshwari Sardar @ Bindi Sardar S/o Late Sahdev Sardar R/o Vill-
                 Narhiya, Ward No. 1, P.S.- Chhatapur, Distt- Supaul
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Naresh Kumar Mehta, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 30 litres of liquor from a place behind the house of

                   the petitioner.

                                4. Learned counsel for the petitioner submits that

                   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 is adjacent to the house of the

                   petitioner, thus, based on suspicion he came to be implicated at

                   the instance of the Chawkidar but then it is submitted that if the
Patna High Court CR. MISC. No.90425 of 2025(2) dt.08-01-2026
                                            2/3




          Chawkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to the

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution, when petitioner admittedly is a person

          with clean antecedent.

                       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, let 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.500/- (Rupees Five Hundred) 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

          Chhatapur P.S. Case No. 295 of 2025, subject to the conditions

          as laid down under Section 438 (2) of the Cr.P.C.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.90425 of 2025(2) dt.08-01-2026
                                                       3/3




                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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