Patna High Court
Paichu Bhuiyan @ Arvind Bhuiyan @ ArvindversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Paichu Bhuiyan and Ramkesh Bhuiyan, applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor from premises adjacent to petitioner 1’s poultry farm and from petitioner 2’s joint‑family house. They contended that they have clean antecedents, were not arrested at the spot, and that no liquor was found in their conscious possession, making the allegations speculative. The State opposed the bail, arguing that the recovery indicated probable involvement. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 500 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482 of the BNSS. The order further directed the trial court to verify the petitioners’ criminal antecedents and confirm the bail only if they are found to be clean, otherwise the bail would lapse.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438(2) Cr.P.C. in view of the alleged recovery of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the absence of conscious possession and clean antecedent justify the grant of anticipatory bail
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- liquor seizure
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 30(a)
- Section 438(2) Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90722 of 2025
Arising Out of PS. Case No.-275 Year-2025 Thana- DEV District- Aurangabad
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1. Paichu Bhuiyan @ Arvind Bhuiyan @ Arvind S/o Vishnupat Bhuiyan R/o
Village- Dhabi, PS- Deo, District- Aurangabad, Bihar
2. Ramkesh Bhuiyan S/o Sahdeo Bhuiyan R/o Village- Dhabi, PS- Deo,
District- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 87 litres of liquor from a place near the poultry farm
of petitioner no. 1 and 27 litres of liquor from the house of
petitioner no. 2.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and as far as
Patna High Court CR. MISC. No.90722 of 2025(2) dt.08-01-2026
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allegation of recovery of 87 litres of liquor is alleged, the same
was recovered from a place adjacent to the poultry farm of the
petitioner no. 1 and house in question is a joint family property,
as such, it cannot be alleged with certainty that it was the
petitioner no. 2 who had kept the liquor in the house or the
liquor kept in the house was within the knowledge of the
petitioner no. 2. It is next submitted that petitioners came to be
implicated based on the secret information which is the easiest
way to implicate someone, when petitioners admittedly are
persons with clean antecedent.
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, let 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
Deo P.S. Case No. 275 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482 of the BNSS.
Patna High Court CR. MISC. No.90722 of 2025(2) dt.08-01-2026
3/3
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioners have antecedent of even one case, it
would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons 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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