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Patna High Court

Sunil RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions, pending verification of his criminal antecedents.

Summary

The petitioner, Sunil Rai, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act, alleging that no arrest had been made and no liquor was recovered from his possession. He contended that the recovery of 28 litres of liquor was from a place not belonging to him and that the case was based solely on secret information and the identification by a chowkidar. The State opposed the bail, arguing that the offence warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It further held that if more than two prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be made final.

Issues considered

  • Whether anticipatory bail can be granted in an excise offence where the accused was not arrested and no contraband was seized from his possession.
  • Whether the petitioner’s criminal antecedent of two prior cases precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • secret information
  • criminal antecedent
  • Section 30(a) Bihar Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16515 of 2026
                      Arising Out of PS. Case No.-795 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Sunil Rai S/O Late Yogendra Ray Resident of village - Barway, Police Station
                 - Dariyapur, District - Saran

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                     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 the

                   Bihar Excise Act.

                                  3. The defect as pointed out by the Office is ignored.

                                 4. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 28 liters of

                   liquor from the place of occurrence.

                                5. 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
Patna High Court CR. MISC. No.16515 of 2026(2) dt.17-03-2026
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          and he came to be implicated based on secret information which

          is the easiest way to implicate someone. It is next submitted that

          informant alleges that he received secret information that

          petitioner was indulging in selling of liquor and when he

          reached the place of occurrence, petitioner fled and was

          identified by the chowkidar. It is next submitted that once an

          accused is implicated in a case relating to Excise, the police start

          implicating mechanically either at the instance of chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                          6. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                          7. 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. 10,000/- (Rupees Ten 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 Dariyapur Excise P.S. Case No. 795 of

          2025 subject to the conditions as laid down under Section 482

          (2) of the BNSS.
           Patna High Court CR. MISC. No.16515 of 2026(2) dt.17-03-2026
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                                  8.    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 two 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 is a person has only two

                     antecedents, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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