Patna High Court
Bangar Rai @ Rajeshwar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of criminal antecedents.
Summary
The petitioners, three brothers from Brahmchari Pokhar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 50 litres of liquor from a canal. They argued that they were not caught in possession, the liquor was recovered from a public place, and the complaint originated from a chowkidar whose prior knowledge was questionable. The State opposed the bail, contending that the offences under the Excise Act warranted detention. Justice Satyavrat Verma, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs 5,000 each with two sureties, and subject to verification of their criminal antecedents. The order stipulated that if any petitioner concealed prior cases, the bail would not be confirmed for that individual; otherwise, the provisional bail would be confirmed upon verification. The court directed the trial court to examine the antecedents within six weeks and to confirm the bail accordingly.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Excise Act
- Whether the petitioners concealed any prior criminal antecedents affecting the grant of bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- excise offence
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.341 of 2026
Arising Out of PS. Case No.-751 Year-2025 Thana- MANER District- Patna
======================================================
1. Bangar Rai @ Rajeshwar Rai S/O Late Sukhdeo Rai R/O Village-
Brahmchari Pokhar, P.S- Maner, Distt.- Patna.
2. Rajdeo Rai S/O Late Bhagwan Rai R/O Village- Brahmchari Pokhar, P.S-
Maner, Distt.- Patna.
3. Chutkul Rai @ Chutkan Rai S/O Shivdayal Rai R/O Village- Brahmchari
Pokhar, P.S- Maner, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Saumya
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case under the Excise Act
and petitioner nos. 2 and 3 are person with clean antecedent and
allegation is of recovery of 50 litres of liquor from a canal.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.341 of 2026(2) dt.15-01-2026
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recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated at the instance of Chowkidar but then it is
submitted that if the Chowkidar was aware about the
involvement of the petitioners 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
also 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
5,000/- (Rupees Five Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
Patna High Court CR. MISC. No.341 of 2026(2) dt.15-01-2026
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where the case is pending/successor court in connection with
Maner P.S. Case No. 751 of 2025, subject to the conditions as
laid down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than one case and petitioner nos. 2 and 3 have antecedent of
even one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner no. 1 has antecedent
of one case and petitioner nos. 2 and 3 are person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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