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Patna High Court

Maharaj DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedents.

Summary

Maharaj Das, the petitioner, was implicated in a case under the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 17 litres of liquor from a lemon field and feared arrest. He contended that he was not arrested, that the liquor was not in his possession, and that the alleged incident occurred on land not owned by him but accessible to villagers. He further alleged that the complaint was filed by a chaukidar with whom he had a personal enmity and that the police had mechanically implicated him without a proper investigation. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail for a period of six weeks, subject to a bail bond of Rs 5,000 and two sureties of the same amount, and conditioned the order on verification of the petitioner’s criminal antecedents by the trial court. If more than one antecedent is found, the bail may be revoked; otherwise, the provisional order will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the alleged lack of arrest, possession, and the claim of mechanical investigation justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • criminal antecedent
  • police investigation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22377 of 2026
                    Arising Out of PS. Case No.-34 Year-2025 Thana- Bhopatpur District- East Champaran
                 ======================================================
                 Maharaj Das Son of Janak Das Resident of Village - Bhopatpur Nadi Kanhi,
                 Ward No.-3, P.S.- Bhopatpur, District - East Champaran.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dhurendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                  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 offences punishable under Sections 30(a), 32

                   and 41(1) of the Bihar Prohibition and Excise (Amendment)

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 17 litres of liquor from a lemon

                   field.

                                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
Patna High Court CR. MISC. No.22377 of 2026(2) dt.08-04-2026
                                            2/3




          petitioner came to be implicated at the instance of the

          Chawkidar with whom he is on an inimical term. 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.5,000/- (Rupees

          Five 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 Bhopatpur P.S.

          Case No. 34 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 one
           Patna High Court CR. MISC. No.22377 of 2026(2) dt.08-04-2026
                                                       3/3




                     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 confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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