Patna High Court
Ajay Rai @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners, subject to bond, sureties, and verification of their criminal antecedents.
Summary
The petitioners, four brothers, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 830 litres of liquor from two locations. They contended that the liquor was not in their conscious possession, the recovery site did not belong to them, and that the chaukidar’s delayed complaint cast doubt on the prosecution’s case. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs 5,000 with two sureties and a further deposit of Rs 3,000 with the Advocate Association. The order also directed the trial court to verify the petitioners’ criminal antecedents; if multiple prior cases are found for the first three petitioners or any for the fourth, the bail would not be confirmed. Otherwise, the provisional bail would be confirmed. The court thus balanced the petitioners’ apprehension with the need to ensure they are not repeat offenders.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
- Whether the alleged facts and the petitioners’ criminal antecedents justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3594 of 2026
Arising Out of PS. Case No.-861 Year-2025 Thana- MANER District- Patna
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1. Ajay Rai @ Ajay Kumar Son of Bhagwan Rai R/o - Hira Tola,
Sherpur(Bardhpur), P.S. - Maner, Dist. -Patna.
2. Sanjay Rai @ Sanjay Kumar Sons of Bhagwan Rai R/o - Hira Tola,
Sherpur(Bardhpur), P.S. - Maner, Dist. -Patna.
3. Akhlesh Rai @ Akhlesh Kumar @ Aklesh Kumar Son of Harihar Rai @
Harihar Prasad R/o Chakia Tola, Khaspur, P.S. - Maner, Dist. -Patna.
4. Sudarshan Rai Son of Nirekhan Rai R/o Shrpur, Bandhpur, P.S. - Maner,
Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners no. 1, 2 and 3 have antecedent of one case under the
Excise Act and petitioner no. 4 is a person with clean antecedent
and allegation is of recovery of 830 litres of liquor from two
different places as recorded in the FIR.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.3594 of 2026(2) dt.29-01-2026
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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.
It is further submitted that petitioners came to be implicated at the
instance of the Chawkidar but then it is submitted that if the
Chawkidar was aware of the involvement of the petitioners in the
occurrence then why he did not inform the police prior to the
institution of the instant FIR which casts an aspersion on the case
of the prosecution. It is next submitted that once an accused is
implicated in a case relating to excise the police start implicating
mechanically either at the instance of the Chawkidar, local person,
confessional statement or secret information without holding a
proper investigation of the case.
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, let 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 where the case is
pending/successor court in connection with Maner P.S. Case No.
861 of 2025, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.3594 of 2026(2) dt.29-01-2026
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438(2) of the Cr.P.C./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 if it is
found that petitioners no. 1, 2 and 3 have antecedent of more than
one cases and petitioner no. 4 has antecedent of even one case, it
would be presumed that petitioners had concealed their antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioners no. 1, 2
and 3 have antecedent of only one case and petitioner no. 4 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 petitioners undertake to deposit an
amount of Rs.3,000/- with the Advocate Association of the Patna
High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Kundan/-
U T
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