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Patna High Court

Subodh Rai @ Sabodh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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