Patna High Court
Mukesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
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
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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
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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/-
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