Patna High Court

Ajay Kumar RaiversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court conditionally granted provisional anticipatory bail to the petitioner.

Summary

Ajay Kumar Rai sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2023, where 2.520 litres of liquor were allegedly recovered from a spot adjacent to his house. He argued that the liquor was not in his possession, the recovery was made by a hostile chowkidar, and there was no prior indication of his involvement. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one antecedent exists, the bail would be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the alleged liquor possession case
Whether the circumstances justify granting provisional anticipatory bail pending verification of antecedents

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
provisional bail
liquor prohibition
Section 30(a)
Section 482(2)
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16147 of 2026
                        Arising Out of PS. Case No.-781 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Ajay Kumar Rai Son of Late Raj Kumar Rai R/o Village - Jalal Basant, P.S. -
                 Garkha, Dist. - Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nawal Kishore Singh
                 For the Opposite Party/s :       Ms. Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 2.520 litres of liquor from a place in front of the

                   house of petitioner. 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 but then is adjacent to

                   his house and he came to be implicated at the instance of

                   chowkidar with whom he is on an inimical term. It is also
Patna High Court CR. MISC. No.16147 of 2026(2) dt.17-03-2026
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          submitted that if chowkidar was aware of the involvement of the

          petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution.

                       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.5000/- (Rupees 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 Garkha P.S. Case No.781/2025, 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

          one case, 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

          on verification it is found that petitioner has antecedent of one
             Patna High Court CR. MISC. No.16147 of 2026(2) dt.17-03-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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