Created by Fuzzy Cloud

Patna High Court

Prabhat Kumar Rai @ Prabhat KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.