Patna High Court
Mahesh Rai @ Mahesh Roy @ Gandhi JeeversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to a bond, sureties and verification of the petitioner’s antecedents, with confirmation contingent on the number of prior cases.
Summary
Mahesh Rai, also known as Mahesh Roy, sought anticipatory bail fearing arrest in a case under Sections 274, 275 of the B.N.S.S. and Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 1,840 litres of liquor from a pickup vehicle. He contended that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on secret information, a pattern he claimed the police follow in excise matters. The State opposed the bail, arguing the seriousness of the offence. The High Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 and two sureties of the same amount, subject to verification of his criminal antecedents. The court stipulated that if the trial court finds more than six prior cases, the bail would not be confirmed; if exactly six, the bail would be confirmed. The order was made under the inherent powers of the court pursuant to Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case under Sections 274, 275 B.N.S.S. and Section 30(a) Bihar Prohibition and Excise Act
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate given the petitioner’s prior criminal antecedents
Legislation cited
- B.N.S.S. — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- excise offence
- secret information
- criminal antecedents
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14405 of 2026
Arising Out of PS. Case No.-1004 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Mahesh Rai @ Mahesh Roy @ Gandhi Jee S/O Late Shivjee Rai Resident of
Village - Laguraon (Langurav), Police Station- Mahuain the District of
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 274, 275
BNS and Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases, out of which, four cases
are under the Excise Act and allegation is of recovery of 1840
litres of liquor from a pick up vehicle. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on secret
information which is the easiest way to implicate someone. It is
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also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation. It
is also submitted that petitioner in similar manner earlier also
came to be implicated in cases relating to excise.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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.30,000/- (Rupees thirty 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 Mahua P.S. Case No.1004/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. 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 more than
six cases, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.14405 of 2026(2) dt.16-04-2026
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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 has antecedent of six
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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