Patna High Court
Raja Kumar @ Raja BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the stipulated conditions.
Summary
Petitioner Raja Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the liquor was recovered from a scooty not owned by him and that he was implicated by an unnamed local informant without proper investigation. He argued that no liquor was found in his possession at the time of arrest and that the prosecution’s case was weak. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail may be withdrawn; if only one prior case is found, the bail will be confirmed. The order is subject to Section 482(2) of the Bihar Narcotic and Smuggling Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the alleged seizure and the lack of direct possession justify granting bail.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming the bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- police investigation
- criminal antecedent
- provisional bail
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25544 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- MALSALAMI District- Patna
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Raja Kumar @ Raja Bhagat S/o Nemi Bhagat R/o Village - Sukumarpur,
Jafrabad, Tok - Arazi, Beshinao Bazar, Jafrabad, P.S. - Raghopur, District -
Vaishali..
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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
Bihar Prohibition and Excise 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 160 litres of liquor from a scooty. It
is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and is not the owner of the seized vehicle and he came to be
implicated at the instance of local person but then the name of
the person who disclosed the name of the petitioner is not
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disclosed in the FIR which casts an aspersion on the case of the
prosecution. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.5000/- (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 Malsalami P.S. Case No.108/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.25544 of 2026(2) dt.21-04-2026
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concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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