Patna High Court
Subodh Rai @ Sabodh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Subodh Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging recovery of 171 litres of liquor from a bush near a bond. He argued that he was not caught in possession, the alleged liquor was not on his property, and the case was based on secret information without proper investigation. The State opposed the bail. The Court considered the petition under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic and Smuggling (B.N.S.S.) Act, noting the petitioner’s four prior excise cases. It granted provisional anticipatory bail conditioned on a Rs.20,000 bond with two sureties and directed verification of his criminal antecedent. If more than four prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedent (more than four cases) affects the confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- criminal antecedent
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- excise law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21153 of 2026
Arising Out of PS. Case No.-259 Year-2025 Thana- GAIGHAT District- Muzaffarpur
======================================================
Subodh Rai @ Sabodh Rai S/o Shivji Rai @ Pramanand Rai R/o Asiya, P.S.-
Gaighat, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 171 litres of liquor from a bush near
the bond.
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.21153 of 2026(2) dt.17-04-2026
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which is the easiest way to implicate someone. It is next
submitted that once an accused is implicated in a case relating to
excise the police start implicating mechanically either at the
instance of the Chawkidar, local person, confessional statement
or secret information without holding a proper investigation of
the case.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds 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 Gaighat P.S.
Case No. 259 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, 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 more than four
cases, it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.21153 of 2026(2) dt.17-04-2026
3/3
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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