Patna High Court

Ram Narayan RaiversusThe State of Bihar

Decided: 16 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Ram Narayan Rai, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 171 litres of liquor from a public bush. He argued that he was not arrested on the spot, no liquor was found in his possession, and the recovery was based on secret information, while also noting his prior five cases under the Excise Act. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and directed the trial court to verify his criminal antecedents. If more than five prior cases are found, the bail will not be confirmed; if exactly five, the bail will be confirmed forthwith. The order is subject to Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise offence
Bihar Prohibition Act
criminal antecedents
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15174 of 2026
                    Arising Out of PS. Case No.-259 Year-2025 Thana- GAIGHAT District- Muzaffarpur
                 ======================================================
                 Ram Narayan Rai Son of Late Deeplal Rai Resident of Village- Berua, P.S.-
                 Gaighat, District- Muzaffarpur, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhusudan Kumar
                 For the Opposite Party/s :       Ms. Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 171 litres of liquor from a bush. 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. It is also submitted that once an
Patna High Court CR. MISC. No.15174 of 2026(3) dt.16-04-2026
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          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.

                       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.25,000/- (Rupees twenty 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 Gaighat P.S. Case

          No.259/2025, 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

          five cases, 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
             Patna High Court CR. MISC. No.15174 of 2026(3) dt.16-04-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of five

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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