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Patna High Court

Sameer RaiversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner’s criminal antecedent and compliance with the conditions imposed.

Summary

The petitioner, Sameer Rai, was implicated in offences under Sections 30(a)(c) and 36 of the Bihar Excise Act for alleged recovery of 3,890.97 litres of liquor from a secret basement belonging to another person. He was not arrested at the time of the raid and no liquor was found in his possession. The petitioner, who has five prior criminal cases (four under the Excise Act), sought anticipatory bail, arguing lack of direct involvement and procedural lapses in the investigation. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 25,000 with two sureties, subject to verification of his criminal antecedent under Section 482(2) of the BNSS, and stipulated that the bail could be revoked if more than five prior cases are found.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in the context of alleged excise offences.
  • Whether the petitioner’s prior criminal antecedent of five cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • criminal antecedent
  • Section 482
  • provisional bail
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26429 of 2025
                   Arising Out of PS. Case No.-12 Year-2025 Thana- MAHINDWARA District- Sitamarhi
                 ======================================================
                 Sameer Rai S/O Nawal Rai @ Naval Kishor Rai Resident of village-
                 Manikpur @ Maksoodpur, PS- Rampur Hari, District- Muzaffarpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Alok Kumar Alok
                 For the Opposite Party/s :      Mr.Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026               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 offences punishable under Sections 30(a)(c)

                   and 36 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act as would manifest from the

                   supplementary affidavit and allegation is of recovery of 3890.97

                   litres of liquor from a secret basement beside kitchen of the

                   house of Rambabu Sahani.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged
Patna High Court CR. MISC. No.26429 of 2025(3) dt.16-03-2026
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          recovery is from a place which does not belong to the petitioner

          and petitioner has no concern or relation with Rambabu Sahani

          and came to be implicated based on identification made by

          informant in light of electric bulb during raid. It is further

          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation. It is

          also submitted that petitioner earlier also came to be implicated

          in a similar manner 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 for the petitioner, the petitioner above-named, in the event

          of his 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. 25,000/- (Rupees

          Twenty-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 Mahindwara P.S. Case

          No. 12 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
              Patna High Court CR. MISC. No.26429 of 2025(3) dt.16-03-2026
                                                          3/3




                        shall verify the criminal antecedent of the petitioner and in the

                        event if it is found that petitioner has antecedent of more than five

                        cases then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed his antecedent before this

                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of five cases, in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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