Patna High Court
Manager RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, a manager named Rai, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 200 litres of liquor from a public place. He argued that he was not arrested at the spot, the liquor was not in his possession, and that the complaint was motivated by an inimical relationship with a local chaukidar, noting a history of six prior cases. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bond of Rs.30,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also stipulated that if the petitioner is found to have more than six prior cases, the bail would not be confirmed; otherwise it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- criminal antecedent
- Bihar Prohibition and Excise Act
- Cr.P.C. 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25805 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Manager Rai son of Anarshi Ray Resident of Village- Sandha PS- Chapra
Muffasil District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases and allegation is of
recovery of 200 litres of liquor from a plastic sack at Sadha
Chaur.
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
petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.25805 of 2026(2) dt.22-04-2026
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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. It is also submitted that petitioner in similar manner
earlier also came to be implicated in cases relating to excise.
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.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 Chapra Mufassil
P.S. Case No. 140 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 six
Patna High Court CR. MISC. No.25805 of 2026(2) dt.22-04-2026
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cases, 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 six cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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