Patna High Court
Vinod RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioners, subject to conditions and verification of their criminal antecedents.
Summary
The petitioners, Vinod Rai and Amit Kumar, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging that the alleged seizure of 600 litres of liquor occurred at a premises unrelated to them and that they were implicated solely on the basis of a chowkidar's statement. They contended that no liquor was found in their possession and that the investigation was mechanically driven without proper inquiry. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned upon the furnishing of bail bonds of Rs.10,000 each with two sureties, and directed verification of their criminal antecedents. The order further stipulated that if the petitioners are found to have more than two prior cases, the bail may be withdrawn, whereas confirmation would follow if the antecedents match the records presented.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioners' alleged lack of possession and the manner of investigation justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Amendment Act
- Section 30
- Section 482
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38339 of 2026
Arising Out of PS. Case No.-134 Year-2026 Thana- AMNAUR District- Saran
======================================================
1. Vinod Rai S/o Bachcha Rai @ Buchcha Rai @ Ganesh Ray R/o vill -
Shekhpura, P.S.- Amnour, Dist.- Saran
2. Amit Kumar @ Golu Kumar S/o Surendra Ray R/o vill - Shekhpura, P.S.-
Amnour, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of two cases, out of which, one case
is under the Excise Act and allegation is of recovery of 600
litres of liquor from house of Virendra Sah. It is next submitted
that petitioners were not arrested 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 petitioner
Patna High Court CR. MISC. No.38339 of 2026(2) dt.18-06-2026
2/3
and they have no relation or concern with Virendra Sah and they
came to be implicated at the instance of chowkidar with whom
they are on an inimical term. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten 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 Amnour P.S. Case No.134/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
Patna High Court CR. MISC. No.38339 of 2026(2) dt.18-06-2026
3/3
more than two cases, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.