Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioners subject to bail bonds, sureties, and verification of their criminal antecedents under Section 482(2) of the CrPC.
Summary
The petitioners, Ritesh Kumar and Sonelal Ray, feared arrest in a case registered under several sections of the Bihar Narcotic Substances Act and the Bihar Excise Act for allegedly recovering 900 ml of liquor from a mango orchard near their residence. They argued that the liquor was not in their conscious possession, the orchard was public land, and the complaint was filed by an adversary, Prabhu Kumar. The State opposed their request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 each with two sureties, and conditioned the order on verification of the petitioners’ criminal antecedents under Section 482(2) of the CrPC. If more than two prior cases are found, the bail will not be confirmed; if only two are found, the provisional bail will be confirmed. The order thus balances the petitioners’ right to liberty with the State’s interest in prosecuting alleged excise offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under the Bihar Narcotic Substances Act and Bihar Excise Act.
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 118(1), 126(i), 3(5), 352
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 482
- Bihar law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.226 of 2026
Arising Out of PS. Case No.-457 Year-2025 Thana- VAISHALI District- Vaishali
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1. Ritesh Kumar Son of Sonelal Rai Resident of Village- Sain, P.S.- Vaishali
(Belsar O.P.), District- Vaishali
2. Sonelal Ray Son of Mahesh Rai Resident of Village- Sain, P.S.- Vaishali
(Belsar O.P.), District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarjeet Prabhakar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 126(i),
115(2), 118(1), 352 and 3(5) of the BNS read with Section 30(a)
of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners has antecedent of two cases under the excise act and
allegation is of recovery of 900 ml of liquor from a mango
orchard near the house of the petitioners.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.226 of 2026(2) dt.15-01-2026
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was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of one Prabhu Kumar who is the
informant with whom petitioners are on an inimical term.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
10,000/- (Rupees Ten Thousand) each 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
Vaishali P.S. Case No. 457 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that petitioners have antecedent of
more than two cases then it would be presumed that petitioners,
for the purposes of seeking anticipatory bail, had concealed their
Patna High Court CR. MISC. No.226 of 2026(2) dt.15-01-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioners have antecedent of two
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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