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Patna High Court

Satyendra Kumar @ Satyendra Ray @ Satendra RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of antecedent cases.

Summary

The petitioner, Satyendra Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 2.88 litres of liquor were allegedly recovered from a cattle shed adjacent to his house. He argued that the liquor was not in his possession, the recovery site did not belong to him, and the complaint originated from a hostile chowkidar who failed to inform police earlier. The State opposed the bail, contending the seriousness of the offence. The High Court, invoking its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a Rs.10,000 bond, two sureties, and a six‑week surrender to the trial court. The order further directed the trial court to verify the petitioner’s criminal antecedent and to confirm the bail only if he has no more than two prior cases, otherwise the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s alleged lack of possession and the circumstances of the FIR justify granting bail.
  • Whether the High Court may impose conditions, including verification of criminal antecedent, under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • criminal antecedent
  • high court
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14309 of 2026
                     Arising Out of PS. Case No.-265 Year-2025 Thana- DERNI BAZAR District- Saran
                 ======================================================
                 Satyendra Kumar @ Satyendra Ray @ Satendra Ray S/o Jamadar Ray R/o
                 Village- Sutihar, P.S- Derni, Dist- Saran at Chapra (Bihar).

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Kumar
                 For the Opposite Party/s :       Ms.Anita Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 2.88 litres

                   of liquor from a cattle shed behind the house of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   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 does not belong to the petitioner

                   but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.14309 of 2026(2) dt.13-03-2026
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          the instance of Chowkidar with whom he is on an inimical term.

          It is next submitted that if the Chowkidar was aware about the

          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. It is

          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                   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, 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. 10,000/- (Rupees

          Ten Thousand) 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 Derni P.S. Case No.

          265 of 2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court
              Patna High Court CR. MISC. No.14309 of 2026(2) dt.13-03-2026
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                        shall verify the criminal antecedent of the petitioner and in the

                        event if it is found that petitioner has antecedent of more than two

                        cases then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed his antecedent before this

                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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