Patna High Court

Sitaram RaiversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Sitaram Rai, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 15 litres of liquor from a location adjacent to his house. The petitioner asserted that he has a clean antecedent, was not arrested at the spot, and that the alleged contraband was not in his conscious possession. The State opposed the anticipatory bail, arguing the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent by the trial court. The order further stipulated that if any prior case is discovered, the bail would be revoked, otherwise the provisional bail would be confirmed.

Issues considered

Whether anticipatory bail can be granted under Section 438(2) CrPC for an offence punishable under Section 30(a) of the Excise Act.
Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
What conditions should be imposed on the anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Excise Act — s. 30(a)

Subjects

anticipatory bail
Section 438 CrPC
Excise Act
clean antecedent
bail bonds

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1572 of 2026
                    Arising Out of PS. Case No.-436 Year-2025 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Sitaram Rai Son of Mushahar Rai Resident of Village - Madhubani, P.S.-
                 Minapur, District - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sagar Kumar
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 15 litres of liquor from a place behind the house

                   of the petitioner.

                                4. The learned counsel for the petitioner submits 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, but then, is adjacent to his house and he came to be
Patna High Court CR. MISC. No.1572 of 2026(2) dt.21-01-2026
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          implicated at the instance of Chaukidar with whom he is on an

          inimical term.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.500/- (Rupees Five Hundred) 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

          Minapur P. S. Case No.436 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,

          in that event, the present provisional anticipatory bail order shall
               Patna High Court CR. MISC. No.1572 of 2026(2) dt.21-01-2026
                                                           3/3




                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T

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