Patna High Court
Vijay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Vijay Rai applied for anticipatory bail after a police case (Town P.S. No. 203 of 2026) was filed under Section 30(a) of the Bihar Prohibition and Excise Act alleging that 250 litres of country-made liquor were recovered from two totos and two motorcycles. The petitioner contended that the vehicles and the seized liquor did not belong to him and that he was being implicated solely on the basis of his antecedents. The State opposed the bail, arguing that the offence was cognizable. The High Court, after considering that the seized articles were not linked to the petitioner, exercised its power under Section 438 of the Code of Criminal Procedure and Section 482 of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail, subject to standard conditions including sureties, appearance before the trial court, and non‑interference with witnesses. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in a case under the Bihar Prohibition and Excise Act where the seized liquor and vehicles are not owned by the petitioner.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Code of Criminal Procedure
- Section 438
- Bhartiya Nagarik Suraksha Sanhita
- Section 482
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33966 of 2026
Arising Out of PS. Case No.-203 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Vijay Rai Son of Shambhu Rai Resident of Village - Dahiyawan Near
Umanath Mandir, P.S.- Town, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Adv.
For the Opposite Party/s : Mr. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State through
virtual mode.
2. The petitioner is apprehending his arrest in
connection with Town P.S. Case No. 203 of 2026 registered
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, altogether 250 liters of
country-made has been recovered from four vehicle that is two
totos and two motorcycles.
4. Learned counsel for the petitioner submits that
petitioner is innocent, has committed no offence and has falsely
been implicated in the present case. It is submitted that recovery
has been made from two totos and two motorcycles which do
not belong to this petitioner. Petitioner has been implicated in
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this case merely on the basis of his antecedent. The case of the
petitioner is that he is in no way related to the seized article.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and that the recovery is made from totos and motorcycles which
do not belong to this petitioner and the seized article also does
not belong to this petitioner, this Court is inclined to grant the
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-cum-
Exclusive Special Excise Court-I, Saran at Chapra in connection
with Town P.S. Case No. 203 of 2026, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
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official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
Abhishek/-
U T
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