Patna High Court
Raja Rai @ Rajan RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted provisionally when the petitioner is not found in possession of the contraband and the primary evidence is a custodial confessional statement, subject to verification of antecedent.
Summary
Raja Rai sought anticipatory bail after learning that he might be arrested in a case registered under IPC sections 188, 272 and 34 and the Bihar Excise Act sections 30, 38 and 41 for allegedly recovering 28 litres of liquor from an auto. He argued that he has a clean antecedent, was not caught in possession of the liquor, is not the owner of the vehicle and was implicated only on the basis of a confessional statement made by co‑accused Virendra while in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on a bond of Rs 500 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The decision hinged on the lack of direct possession evidence and the reliance on a custodial confession, coupled with the petitioner’s clean record.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves possession of illicit liquor under the IPC and Bihar Excise Act.
- Whether a confessional statement made by a co‑accused in police custody can be the basis for denying anticipatory bail.
- Whether the petitioner’s clean antecedent is a requisite condition for the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30, 38, 41
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 188, 272, 34
Subjects
- anticipatory bail
- confessional statement
- excise law
- possession
- clean antecedent
- IPC sections 188 272 34
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34817 of 2026
Arising Out of PS. Case No.-393 Year-2019 Thana- RIVILGANJ District- Saran
======================================================
Raja Rai @ Rajan Rai son of Raj Kumar Rai @ Raj Kumar Ray Resident of
Mohalla - Samsuddinpur, ps- Marhworah, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
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 Sections 188, 272 and 34 of the
Indian Penal Code read with Sections 30, 38 and 41 of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 28 liters of liquor from an Auto.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing was
recovered from his conscious possession and is not the owner of the
seized vehicle and came to be implicated based on confessional
statement of Virendra in police custody which does not have any
evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.34817 of 2026(3) dt.25-06-2026
2/2
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. 500/- (Rupees Five Hundred)
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 Revilganj P.S. Case No. 393 of 2019 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 even one case 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 is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.