Patna High Court
Rajesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedent.
Summary
Petitioner Rajesh Rai sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 108 litres of liquor from a Toto e‑rickshaw. He argued that he was not arrested on the spot, had no possession of the liquor, was not the owner of the vehicle, and was implicated solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The petitioner also highlighted his prior criminal antecedent of eleven cases, nine of which were under the Excise Act, asserting that similar mechanical investigations had previously led to his prosecution. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 55,000 with two sureties and directed the trial court to verify the petitioner’s antecedent, stating that if more than eleven cases are found, the bail may be revoked. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of another accused provides sufficient basis for arrest.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 30
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32235 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- CHIRAIYA District- East Champaran
======================================================
Rajesh Rai S/o Late Ram Ayodhya Rai @ Late Ram Ayodhya Ray Resident of
village - Motnaze, P.s.- Chiraiya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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 eleven cases out of which nine cases
are under the Excise Act and allegation is of recovery of 108
litres of liquor from a Toto e-rickshaw.
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 is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of apprehended-accused in police
Patna High Court CR. MISC. No.32235 of 2026(3) dt.25-06-2026
2/3
custody which does not have any evidentiary value. 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. It is
also submitted that petitioner earlier also in similar manner
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 for the petitioner, 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. 55,000/- (Rupees Fifty-five 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 Chiraiya P.S. Case No. 90 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
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than
eleven cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his antecedent
Patna High Court CR. MISC. No.32235 of 2026(3) dt.25-06-2026
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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 eleven cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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