Patna High Court
Sunil Rai @ JattiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Instruments (or related) Statute (BNSS) — s. 482(2)
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
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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
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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
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