Patna High Court
Vijay RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Vijay Rai was implicated in a case alleging recovery of 680 litres of spirit from a vehicle, charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He contended that he was not arrested at the spot, did not own the vehicle, and was implicated solely on secret information, also highlighting his prior ten cases under the Excise Act. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.50,000 with two sureties and that the trial court verify his criminal antecedent. If the verification shows more than ten prior cases, the bail will not be confirmed; if exactly ten, it will be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his prior criminal antecedent and the nature of the evidence (secret information).
- Whether the provisions of Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Narcotic and Substance (B.N.S.S.) Act are applicable to the bail application.
- Whether the trial court must verify the petitioner’s antecedent before confirming the provisional bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- secret information
- criminal antecedent
- bail bond
- Bihar Prohibition and Excise Act
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27873 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- TARAIYA District- Saran
======================================================
Vijay Rai S/O Shivnath Rai R/O Vill.- Chakiya @ Lauwa Chakiya, P.S.-
Taraiya, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 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) and
41(1) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of ten cases under the Excise Act and
allegation is of recovery of 680 litres of spirit from a car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the secret information which is the
easiest way to implicate someone. It is next submitted that once
an accused is implicated in a case relating to excise the police
Patna High Court CR. MISC. No.27873 of 2026(2) dt.04-05-2026
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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.50,000/-
(Rupees Fifty 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 Taraiya P.S. Case
No. 115 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 more than ten
cases, 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.27873 of 2026(2) dt.04-05-2026
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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 has antecedent of only ten cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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