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Patna High Court

Mukesh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond conditions and verification of his criminal antecedent.

Summary

Mukesh Rai petitioned the Patna High Court for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 570 litres of liquor and 7,000 litres of raw jawa near the Gandak river. The petitioner argued that no arrest was made at the spot, no liquor was found in his possession, and the alleged recovery occurred on public land, with the informant’s identity omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, citing the petitioner’s criminal antecedent of nine prior cases, six of which relate to excise offences. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bond of Rs. 45,000 with two sureties and subject to verification of the petitioner’s antecedent under Section 482(2) of the BNSS. The order further stipulated that if the petitioner is found to have more than nine prior cases, the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted in an excise case where the accused was not arrested at the scene and no contraband was found in his possession.
  • Whether the petitioner’s prior criminal antecedent of nine cases, including six excise offences, precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • public place
  • secret informant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15802 of 2026
                      Arising Out of PS. Case No.-507 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Mukesh Rai S/o Daroga Rai R/o Village- Jafarabad, P.S- Lalganj, Dist-
                 Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aniket Singh
                 For the Opposite Party/s :       Mr.Bishweshwar Ram
                 ======================================================
                 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.

                             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 nine cases out of which six cases

                   are under the Excise Act and allegation is of recovery of 570

                   litres of liquor from a place near bank of Gandak river along

                   with 7000 litres of raw jawa, which was destroyed at the spot.

                             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.15802 of 2026(2) dt.16-04-2026
                                            2/3




          and is accessible to public at large and he came to be implicated

          at the instance of local people, but then the name of the person,

          who disclosed the name of the petitioner, is not disclosed in the

          FIR, which casts an aspersion on the case of the prosecution,

          when petitioner has not been implicated based on secret

          information. 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. It is also submitted that

          petitioner earlier also in similar manner came to be implicated in

          cases relating to Excise.

                   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 within a period of six weeks from today,

          be released on Provisional anticipatory bail on furnishing bail

          bonds of Rs. 45,000/- (Rupees Forty-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 Lalganj P.S. Case No. 507 of 2025 subject to the conditions

          as laid down under Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.15802 of 2026(2) dt.16-04-2026
                                                          3/3




                                 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 nine

                        cases then it would be presumed that petitioner, for the purposes of

                        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 nine case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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