Patna High Court
Prabhat Kumar Rai @ Prabhat KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of antecedent, under Section 482(2) of the BNSS.
Summary
The petitioner, Prabhat Kumar Rai, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 570 litres of liquor and 7,000 litres of raw jawa from the bank of the Gandak River, which were destroyed on the spot. He argued that he had no conscious possession of the contraband, the location was public, and the FIR did not name the informant, casting doubt on the prosecution's case. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed. The petitioner also agreed to deposit a further amount with the Advocates’ Association.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 30(a) of the Bihar Excise Act?
- Whether the lack of possession and the public nature of the alleged site justify anticipatory bail?
- Whether the trial court should verify the petitioner’s antecedent before confirming bail?
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- provisional bail
- liquor seizure
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1928 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Prabhat Kumar Rai @ Prabhat Kumar S/O Anchhilal Rai R/O Village-
Khanjahachak, P.S - Lalganj, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 the
petitioner is a person with clean antecedent and allegation is of
recovery of 570 litres of liquor from bank of Gandak river along
with 7000 litres of raw jawa, which was destroyed at the spot.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the 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.1928 of 2026(2) dt.27-01-2026
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at the instance of local people, 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 further submitted that at times police implicates mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation with a view to save real culprit.
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.
500/- (Rupees Five Hundred) 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 Lalganj
P.S. Case No. 507 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 in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.1928 of 2026(2) dt.27-01-2026
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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 with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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