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Patna High Court

Ranjit RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioners subject to bond, sureties, and verification of antecedents, with confirmation contingent on the absence of concealed prior cases.

Summary

The petitioners, Ranjit Rai and Awdhesh Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 150 litres of liquor near a railway line. They argued that they were not caught in possession, the liquor was recovered from public land, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioners’ criminal antecedents. It directed that if any petitioner is found to have concealed more than one prior case, the bail would not be confirmed for that individual; otherwise, the bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bihar Excise Act case.
  • Whether the lack of possession and omission of the informant’s name in the FIR affect the grant of bail.
  • Whether the petitioners’ criminal antecedents warrant denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • Section 30
  • Section 482
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37915 of 2026
                        Arising Out of PS. Case No.-120 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
           1.     Ranjit Rai S/o- Haribandhu Ray @ Harwanshu Rai R/Village- Fatehjangpur,
                  P.S- Nadi District - Patna
           2.    Awdhesh Rai S/o- Beny Rai R/Village- Fatehjangpur, P.S- Nadi District -
                 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. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  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

                   petitioners have antecedent of one case under the Excise Act and

                   allegation is of recovery of 150 liters of liquor from a place near

                   a railway line.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.37915 of 2026(2) dt.17-06-2026
                                            2/3




          recovery is from a place which does not belong to the

          petitioners and is accessible to public at large and they came to

          be implicated at the instance of local person, but then the name

          of the person who disclosed the name of the petitioners is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution

                       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.

          5000/- (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

          Nadi P.S. Case No. 120 of 2026 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 petitioners and in the

          event if it is found that any of the petitioners have antecedent of

          more than one case then it would be presumed that petitioners, for

          the purposes of seeking anticipatory bail, had concealed their
            Patna High Court CR. MISC. No.37915 of 2026(2) dt.17-06-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional anticipatory

                      bail order shall not be confirmed with respect to the petitioner who

                      had concealed his antecedent, but after verification if it is found

                      that petitioners have antecedent of one case, in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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