Created by Fuzzy Cloud

Patna High Court

Sunil Rai @ JattiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioners' criminal antecedents.

Summary

The petitioners, three residents of Bhagwanpur, sought anticipatory bail after a police case was registered under Section 30(a) of the Bihar Excise Act alleging recovery of 200 litres of liquor near the Punpun river. They contended that they were not apprehended in possession, the alleged recovery site was public and not their property, and the FIR omitted the informant's name, suggesting a mechanically driven investigation. The State opposed the bail, arguing the seriousness of the offence and the petitioners' prior excise cases. The Court, invoking Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and mandated verification of each petitioner's criminal antecedents within six weeks. The order further stipulated that if any petitioner concealed more cases than disclosed, the provisional bail would not be confirmed for that individual; otherwise, the bail would be confirmed upon verification.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the BNSS for offences punishable under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of an informant's name and lack of possession justify granting anticipatory bail.
  • How prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • criminal antecedent
  • provisional bail
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37918 of 2026
                      Arising Out of PS. Case No.-281 Year-2026 Thana- GAURICHAK District- Patna
                 ======================================================
           1.     Sunil Rai @ Jatti S/o Late Akhilesh Rai R/o Village- Bhagwanpur,
                  (Dewarshaukhi), P.S- Gaurichak, (Panchrukhiya), District- Patna
           2.    Vikki kumar @ Vicky Kumar S/o Anil Rai R/o Village- Bhagwanpur,
                 (Dewarshaukhi), P.S- Gaurichak, (Panchrukhiya), District- Patna
           3.    Pawan Kumar S/o Shivratan Rai R/o Village- Bhagwanpur, (Dewarshaukhi),
                 P.S- Gaurichak, (Panchrukhiya), 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

                   petitioner no. 1 has antecedent of three cases under the Excise

                   Act, petitioner no. 2 has antecedent of two cases under the

                   Excise Act and petitioner no. 3 has antecedent of four cases

                   under the Excise Act and allegation is of recovery of 200 liters

                   of liquor from a place near tank of Punpun river.
Patna High Court CR. MISC. No.37918 of 2026(2) dt.17-06-2026
                                            2/3




                       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

          recovery is from a place which does not belong to the

          petitioners and is accessible to villagers 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, when petitioners have not been implicated

          based on secret information. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       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.

          20000/- (Rupees Twenty Thousand) each with two sureties of
            Patna High Court CR. MISC. No.37918 of 2026(2) dt.17-06-2026
                                                        3/3




                      the like amount each to the satisfaction of the learned Trial

                      Court where the case is pending/successor court in connection

                      with Gaurichak P.S. Case No. 281 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 petitioner no. 1 has antecedent of more

                      than three cases, petitioner no. 2 has antecedent of more than two

                      cases and petitioner no. 3 has antecedent of more than four cases

                      then it would be presumed that petitioners, for the purposes of

                      seeking anticipatory bail, had concealed their 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 petitioner no. 1

                      has antecedent of three cases only, petitioner no. 2 has antecedent

                      of two cases only and petitioner no. 3 has antecedent of four cases

                      only, in that event the provisional anticipatory bail order shall be

                      confirmed forthwith.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.