Patna High Court
Sunil RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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
3/3
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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