Patna High Court
Ajit Rai @ Ajeet Kumar @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application conditionally, subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ajit Rai, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 30(a) and 30(c) of the Excise Act involving the recovery of 600 litres of liquor and 6000 litres of fermented jawa mahua from the Ganga river. He claimed that the alleged contraband was not in his possession, that the recovery site is public, and that he was implicated due to an inimical relationship with a watchman (chaukidar). The petitioner also highlighted his six prior cases under the Excise Act but argued that the present case lacks proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.30,000 bond with two sureties and directed verification of his criminal antecedent, stating that if more than six prior cases are found, the bail would be revoked.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his prior criminal antecedent and the nature of the alleged offences under the Excise Act.
- Whether the alleged lack of possession of the contraband and the claim of false implication by a watchman affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor smuggling
- prior criminal record
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25672 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- GANGABRIDGE District- Vaishali
======================================================
Ajit Rai @ Ajeet Kumar @ Ajit Kumar Son of Ravindra Rai Resident of
Village - Diwantok, Ward No. 06, P.S. Ganga Bridge, Distt. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditi Sharma
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 30(c) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of six cases under the Excise Act
and allegation is of recovery of 600 litres of liquor from bank of
Ganga river along with 6000 litres of fermented jawa mahua
which was destroyed.
4. The 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 alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.25672 of 2026(2) dt.18-04-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chaukidar with whom he is on an inimical
term. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation. It is
further submitted that if Chaukidar was aware of the
involvement of the petitioners in the occurrence, then why he
did not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.30,000/- (Rupees Thirty 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 Ganga Bridge P. S. Case No.173 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.25672 of 2026(2) dt.18-04-2026
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7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than six cases, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of six cases only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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