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Patna High Court

Paichu Bhuiyan @ Arvind Bhuiyan @ ArvindversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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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