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Patna High Court

Ajit Rai @ Ajeet Kumar @ Ajit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                                      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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