Patna High Court
Bideshi Rai @ Ravindra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to specified conditions.
Summary
The petitioner, Bideshi Rai (Ravindra Kumar Yadav), sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged recovery of 237 litres of concealed liquor. He argued that the liquor was not found in his possession, the recovery site did not belong to him, and the FIR omitted the informant’s name, suggesting a weak prosecution case. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and a six‑week period for the trial court to verify the petitioner’s criminal antecedent. The order further stipulated that if more than three prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only three prior cases are verified.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- liquor concealment
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 438 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2708 of 2026
Arising Out of PS. Case No.-61 Year-2024 Thana- Excise P.S. District- East Champaran
======================================================
Bideshi Rai @ Ravindra Kumar Yadav S/O Bidyasagar Rai Resident of
Village- Dipau, P.S- Kotwa, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 has antecedent of three cases under the Excise Act and
allegation is of recovery of 237 litres of liquor concealed under
the straw.
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 local
Patna High Court CR. MISC. No.2708 of 2026(2) dt.28-01-2026
2/3
person but then the name of the person who disclosed the name
of the petitioner is not disclosed in the FIR which casts an
aspersion on the case of the prosecution. 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.
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, let 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.15,000/- (Rupees Fifteen 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
Excise P.S. Case No. 61 of 2024, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
Patna High Court CR. MISC. No.2708 of 2026(2) dt.28-01-2026
3/3
it is found that petitioner has antecedent of more than three
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 three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with the Advocate Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…