Patna High Court
Ratan Rai @ Ratan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ratan Rai, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 210 litres of liquor from the bank of the Ganga River. He argued that no liquor was found in his possession, the alleged recovery site is a public area, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, contending the seriousness of the excise offence. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent within six weeks. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
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 alleged recovery site affect the grant of anticipatory bail.
- Whether the petitioner’s criminal antecedent of three prior excise cases influences the confirmation of anticipatory bail.
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- public place
- criminal antecedent
- bail conditions
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1592 of 2026
Arising Out of PS. Case No.-527 Year-2025 Thana- MALSALAMI District- Patna
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Ratan Rai @ Ratan Kumar Son of Ramji Rai @ Ramji@Raiji Village -
Patthar Ghat PS- Malsalami Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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
petitioner has antecedent of three cases under the excise act and
allegation is of recovery of 210 liters of liquor from bank of
Ganga river.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.1592 of 2026(2) dt.21-01-2026
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at the instance of local person, 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. It is
also 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.
15,000/- (Rupees Fifteen 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
Malsalami P.S. Case No. 527 of 2025 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
Patna High Court CR. MISC. No.1592 of 2026(2) dt.21-01-2026
3/3
in the event if it is found that petitioner has antecedent of more
than three 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 three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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