Patna High Court
Rampukar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Rampukar Rai, applied for anticipatory bail in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, alleging recovery of 80 litres of liquor from a motorcycle. He claimed he was not arrested on the spot, had no conscious possession of the seized vehicle, and was implicated by a watchman with whom he had a hostile relationship. The State opposed the bail, citing the petitioner’s antecedent of four prior Excise cases. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.20,000 bail bond, two sureties, and compliance with Section 438(2) of the Cr.P.C., directing the trial court to verify the petitioner’s criminal antecedent. The order stipulated that if more than four prior cases are found, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the alleged offences under the Bihar Narcotic Substances Act and Excise Act.
- Whether the petitioner’s prior criminal antecedent of four Excise cases warrants denial of anticipatory bail.
- Whether the petitioner is likely to tamper with evidence or abscond if released on bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- criminal antecedent
- Bihar Narcotic Substances Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19197 of 2026
Arising Out of PS. Case No.-536 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Rampukar Rai Son of Raghunath Rai @ Raghunath Ray Resident of Village-
Kadhan, Ward No. 10, P.S.- Kesariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
Mr.Harshe Shashwat
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 274 and 275 of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and allegation is of recovery of 80 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.19197 of 2026(2) dt.26-03-2026
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the seized motorcycle and he came to be implicated at the
instance of Chaukidar with whom he is on an inimical term. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.20,000/- (Rupees Twenty 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 Kesariya P. S. Case No.536 of 2025, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.19197 of 2026(2) dt.26-03-2026
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found that petitioner has antecedent of more than four cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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