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Patna High Court

Ajay Rai @ Ajay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                       3/3




                     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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