Patna High Court
Raj Kumar Rai @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Raj Kumar Rai, sought anticipatory bail fearing arrest in a case under Sections 30(a), (b) and (c) of the Bihar Excise Act alleging recovery of 110 litres of liquor from a kiln near the Ganga River. He contended that the liquor was not in his possession, the site was public, and he was implicated by a hostile chowkidar, raising doubts about the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two, the provisional order would be confirmed. Thus, the petitioner was released on provisional anticipatory bail pending further verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under the Bihar Excise Act.
- Whether the absence of recovered liquor in the petitioner’s possession and the public nature of the alleged site justify bail.
- Whether the petitioner’s criminal antecedent (two prior cases) affects the grant of anticipatory bail.
- Whether the motive of the complainant (chowkidar) undermines the prosecution’s case.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(b), 30(c)
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38375 of 2026
Arising Out of PS. Case No.-275 Year-2021 Thana- RAGHOPUR District- Vaishali
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Raj Kumar Rai @ Raj Kumar S/o- Birendra Rai @ Bichindra Rai R/v-
Gopalpur, Gopalpur Chaknai, Govindpur Gokhula, P.S- Bidupur, District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a)(b)(c)
of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two case out of which one case is
under the Excise Act and allegation is of recovery of 110 litres
of liquor from a kiln near bank of Ganga river.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.38375 of 2026(2) dt.18-06-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware about
the involvement of the petitioner in the occurrence, then why he
did not inform the police prior to institution of the instant 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 petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his 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.
10,000/- (Rupees Ten Thousand) 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 Raghopur
P.S. Case No. 275 of 2021 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 petitioner and
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.38375 of 2026(2) dt.18-06-2026
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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