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Patna High Court

Jinish Rai @ Jinish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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