Patna High Court
Maharaj DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32, 41(1)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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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