Patna High Court
Brajesh Rai @ Brajesh Kumar @ Brajesh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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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