Patna High Court
Rahul Kumar @ Rahul RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 5 litres of liquor from a location behind his shop and another shop. He argued that he had no possession of the liquor, the alleged recovery site did not belong to him, and the FIR was based on secret information without proper investigation, emphasizing his clean antecedent. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act based on the petitioner’s claim of clean antecedent and lack of possession.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Subjects
- anticipatory bail
- Section 30(a) Bihar Excise Act
- clean antecedent
- bail conditions
- FIR
- liquor recovery
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20670 of 2026
Arising Out of PS. Case No.-164 Year-2024 Thana- PIPRAKOTHI District- East Champaran
======================================================
Rahul Kumar @ Rahul Rai S/o Pramod Rai @ Pramod Kumar Yadav
Resident of Village- Chakradhe, Tikuliya, Chakia Pipra, P.S.- Piprakothi,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 5 liters of liquor from a place behind the shop of the
petitioner and 5 liters of liquor from a place behind the shop of
Shankar.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.20670 of 2026(2) dt.31-03-2026
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recovery is from a place which does not belong to the petitioner,
but then is adjacent to his shop and he came to be implicated
based on secret information which is the easiest way to
implicate someone without holding a proper investigation. It is
also submitted that even the local person disclosed his name, 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, when admittedly petitioner 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, 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
Piprakothi P.S. Case No. 164 of 2024 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.20670 of 2026(2) dt.31-03-2026
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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 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.
(Satyavrat Verma, J)
Rishabh/-
U T
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