Patna High Court
Ashok Rai @ Ashok Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bail bond, sureties, and verification of antecedent.
Summary
The petitioner, Ashok Rai, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of large quantities of liquor from land adjacent to his house. He argued that he had no conscious possession of the liquor, the alleged recovery occurred on property not owned by him, and he has a clean criminal antecedent. The State opposed the bail, contending the seriousness of the offence. The Court, considering the petitioner's clean record and the circumstances of the alleged recovery, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., pending verification of his antecedent by the trial court. The order stipulates that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case of alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of conscious possession and the location of the alleged liquor affect the grant of bail.
- Whether the petitioner's clean antecedent warrants provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- clean antecedent
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26552 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Ashok Rai @ Ashok Kumar Yadav Son of Jagdish Rai Resident of village-
Senduar, PS - Janta Bazar, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Akbar Ali, 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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 65 litres of liquor from an agricultural field near the
house of the petitioner and 130 litres of liquor from an orchard.
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
but then is adjacent to his house and he came to be implicated at
the instance of the Chawkidar with whom he is on an inimical
Patna High Court CR. MISC. No.26552 of 2026(2) dt.22-04-2026
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term. It is further submitted that if the Chawkidar was aware of
the involvement of the petitioner in the occurrence then why he
did not inform the police prior to the institution of the instant
FIR which casts an aspersion on the case of the prosecution,
when petitioner admittedly is a person with clean antecedent.
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.500/- (Rupees
Five Hundred) 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 Janta Bazar P.S.
Case No. 01 of 2026, 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 even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.26552 of 2026(2) dt.22-04-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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