Patna High Court
Jinish Rai @ Jinish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Jinish Rai, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 86.4 litres of liquor from a location adjacent to his house. He argued that the liquor was not in his possession, the recovery was from property not owned by him, and that the complaint was motivated by an inimical relationship with a chowkidar. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds of Rs. 15,000 with two sureties, and that the trial court verify his criminal antecedent. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The court emphasized verification under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor from adjacent property justifies arrest and denial of bail.
- Whether the petitioner’s prior criminal antecedent, if more than three cases, warrants denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- bail bond
- criminal antecedent
- proximate cause
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29726 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- VAISHALI District- Vaishali
======================================================
Jinish Rai @ Jinish Kumar S/O Late Ruplal Rai R/O Vill.- Tok Jaagarnath
Dharampur Anirudh Belsar, P.s.- Belsar, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kahkashan Alam
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 86.4 litres of liquor from a place
behind the bathan of the petitioner.
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
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
Patna High Court CR. MISC. No.29726 of 2026(2) dt.05-05-2026
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at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware about
the involvement of the petitioner in the occurrence, then why he
did not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. 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.
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. 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 Vaishali Belsar O.P
P.S. Case No. 92 of 2026, 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.29726 of 2026(2) dt.05-05-2026
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shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three 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 three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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