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Patna High Court

Brajesh Rai @ Brajesh Kumar @ Brajesh RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions, pending verification of the petitioner’s criminal antecedent.

Summary

Brajesh Rai sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 17.28 litres of liquor from a public place. He argued that the liquor was not in his possession, the location did not belong to him, and the investigation was based solely on secret information without proper inquiry. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS, with the bail to be confirmed if only one prior case is found, but to be cancelled if more than one antecedent is discovered. The decision reflects the Court’s discretion to balance the presumption of innocence with the need to ensure compliance with bail conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of possession of the alleged liquor and the public nature of the place justify granting anticipatory bail.
  • How the petitioner’s criminal antecedent should affect the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • bail conditions
  • secret information

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14960 of 2026
                       Arising Out of PS. Case No.-407 Year-2022 Thana- SONEPUR District- Saran
                 ======================================================
                 Brajesh Rai @ Brajesh Kumar @ Brajesh Ray Son of Late Raj Kumar Rai @
                 Bihari Rai Resident of Village- Badurhi, Post- Badurahi, P.S.- Sonepur,
                 District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravikant
                 For the Opposite Party/s :       Mr.Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026               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 one case under the Excise Act and

                   allegation is of recovery of 17.28 litres of liquor from a place

                   near a road.

                             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
Patna High Court CR. MISC. No.14960 of 2026(2) dt.17-03-2026
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          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. 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. 5,000/- (Rupees

          Five 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 Sonepur P.S. Case No.

          407 of 2022 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

          shall verify the criminal antecedent of the petitioner and in the

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

          case then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.14960 of 2026(2) dt.17-03-2026
                                                          3/3




                        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 one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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