Birendra Gupta @ Jitendra Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Birendra Gupta @ Jitendra Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: upon arrest or surrender within six weeks, release on bail bond of Rs.500/- with two sureties of the like amount each, subject to Section 482(2) B.N.S.S. conditions; confirmation by the trial court contingent on verification of the petitioner's criminal antecedents.

Issue for consideration

Whether the petitioner, who apprehends arrest in Sikta P.S. Case No.35/2026 registered for offences under Sections 274, 275 of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2022, should be released on anticipatory bail.

Court's answer

In the event of the petitioner's arrest or surrender within six weeks, he is to be released on provisional anticipatory bail on furnishing a bail bond of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned trial court where Sikta P.S. Case No.35/2026 is pending (or successor court), subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Ratio / Principle

The learned trial court shall thereafter verify the criminal antecedents of the petitioner; if it is found that the petitioner has antecedent of even one case, it shall be presumed that he concealed his antecedents before this Court and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If, on verification, the petitioner is found to be a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail – provisional anticipatory bail granted – petitioner apprehending arrest in Sikta P.S. Case No.35/2026 (West Champaran) for offences under Sections 274, 275 of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2022 – allegation of recovery of 180 litres of liquor from a bush near the bank of a canal, a place not belonging to the petitioner and accessible to the public, with nothing recovered from his conscious possession – petitioner claimed clean antecedents – held, in the event of arrest or surrender within six weeks, petitioner to be released on provisional anticipatory bail on a bond of Rs.500/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the B.N.S.S. – trial court to verify criminal antecedents: if even one case is found, concealment to be presumed and the provisional bail order not confirmed; if antecedents verified as clean, provisional anticipatory bail order to be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32705 of 2026

Arising Out of PS. Case No.-35 Year-2026 Thana- SIKTA District- West Champaran

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Birendra Gupta @ Jitendra Prasad S/o Munilal Sah R/o Village- Dharampur, Police station- Sikta, District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Awadhesh Kumar Singh

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

ORAL ORDER

2 13-05-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 274, 275 of the BNS, 2023 and Section 30(a) of Bihar Prohibition and Excise Act, 2022.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 180 litres of liquor from a bush near bank of a canal. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to public at large and he came to be implicated based on secret information which is the easiest way to implicate someone without holding a proper investigation, more so, when petitioner admittedly is a person with clean antecedent.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.32705 of 2026(2) dt.13-05-2026 2/2

anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender 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 Sikta P.S. Case No.35/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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 even one case, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

amit/- U T