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Patna High Court

Munna RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedent, under Section 438(2) Cr.P.C. and Section 482(2) of the BNSS.

Summary

The petitioner, Munna Rai, was implicated in a case under Sections 30(a), (b) and (c) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly recovering 60 litres of liquor and 4,000 kg of Mahua solution, which were destroyed at the spot. He was not arrested at the scene and the alleged contraband was not found in his possession; the location from which it was recovered does not belong to him and is accessible to villagers. The petitioner, who claims a clean criminal antecedent, sought anticipatory bail, arguing that the investigation was based on secret information without proper inquiry. The State opposed the bail. The Court, considering the petitioner's clean record and the circumstances, granted provisional anticipatory bail subject to a modest bond, sureties, and verification of antecedents by the trial court, with the order to be confirmed if the petitioner remains antecedent‑free.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the conditions imposed by the trial court for verification of the petitioner's antecedent are permissible.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • excise law
  • liquor seizure
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2023 of 2026
                  Arising Out of PS. Case No.-217 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
                 ======================================================
                 Munna Rai S/o Mohan Rai R/o Village- Terasiya, Ward No.1, P.S-
                 Gangabridge, District - Vaishali.
                                                                   ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :         Mr. Akbar Ali, A.P.P.
                 ======================================================
                 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 Sections 30(a)(b)(c)

                   of the Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 60 litres of liquor from brewery and 4000 Kg. of

                   Mahua Solution which was destroyed at the spot.

                                4. 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 the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated based on the secret information
Patna High Court CR. MISC. No.2023 of 2026(2) dt.27-01-2026
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          which is the easiest way to implicate someone without holding a

          proper investigation of the case, when petitioner admittedly is a

          person with clean antecedent.

                       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, let 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 Hajipur

          Excise P.S. Case No. 217 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be
           Patna High Court CR. MISC. No.2023 of 2026(2) dt.27-01-2026
                                                       3/3




                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Lawyers’ Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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