Patna High Court
Anil Rai @ Anil YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Anil Rai, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 300 litres of liquor from the bank of the Punpun River. He applied for anticipatory bail, asserting a clean criminal record and arguing that the alleged recovery was from a public riverbank, not his possession, and that the informant’s identity was omitted from the FIR. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedent under Section 482(2) of the CrPC. The order further required the petitioner to deposit Rs.1,500 with the Advocates’ Association within two weeks. The court clarified that if any prior case is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- bail bond
- clean antecedent
- excise law
- liquor seizure
- Section 30
- Bihar Prohibition and Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3580 of 2026
Arising Out of PS. Case No.-770 Year-2018 Thana- FATUA District- Patna
======================================================
Anil Rai @ Anil Yadav S/O Haricharan Rai R/O Village- Bhagwanpur, P.S-
Fatuha, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 300 litres of liquor from bank of Punpun river. It is
next submitted that petitioner was not arrested from the spot, as
such, nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner and is accessible to villagers at large and he came
to be implicated at the instance of local person but then name of
the person who disclosed the name of the petitioner is not
Patna High Court CR. MISC. No.3580 of 2026(2) dt.29-01-2026
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disclosed in the FIR, which casts an aspersion on the case of the
prosecution, when petitioner admittedly is a person with clean
antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge
Excise, Patna City, Patna in connection with Fatuha P.S. Case
No.770 of 2018, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.3580 of 2026(2) dt.29-01-2026
3/3
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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