Krishnadeo Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1731 of 2026 Arising Out of PS. Case No.-528 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Krishnadeo Goswami Son of Vishnudeo Goswami Resident of VillageShivmandir Chowk Hansda, P.S.- Sadar, District- Purnea 2.

Vishnudeo Goswami Son of Late Nav Bir Goswami @ Mahavir Goswami Resident of Village- Shivmandir Chowk Hansda, P.S.- Sadar, DistrictPurnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Kumar Bhagat For the Opposite Party/s :

Ms.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2026 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners are person with clean antecedent and allegation is of recovery of 28.59 litres of liquor from two different motorcycles.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and petitioner no. 2

Patna High Court CR. MISC. No.1731 of 2026(2) dt.22-01-2026 2/3 came to be implicated based on the fact that he is owner of the seized vehicle and petitioner no. 1 is his son. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that petitioners was completely unaware that their driver would misuse the vehicle in the manner as alleged. 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, 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 Sadar P.S. Case No. 528 of 2025, subject to the conditions as laid down under Section Section 482(2) of the BNSS. 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of

Patna High Court CR. MISC. No.1731 of 2026(2) dt.22-01-2026 3/3 seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners are person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T