Patna High Court
Nandlal RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
The petitioner, Nandlal Rai, sought anticipatory bail after being implicated in a case under Sections 30(a) and 41 of the Bihar Excise Act for the alleged recovery of 4,798.08 litres of liquor from three vehicles. He argued that he was not caught in possession, was not the owner of the vehicles, and was implicated solely on the basis of a chowkidar's information, noting a history of eleven prior cases, ten of which were also under the Excise Act. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.55,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, stating that if more than eleven prior cases are found, the bail would not be confirmed. The order is subject to Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a), 41
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 30
- Section 41
- Bihar Excise Act
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38746 of 2026
Arising Out of PS. Case No.-349 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
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Nandlal Rai S/o Raghunath Rau @ Raghunath Ray Resident of Village-
Patiyasa, P. S- Ahiyapur, Disrtrict- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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) and
41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eleven cases out of which ten cases
are under the Excise Act and allegation is of recovery of
4798.08 liters of liquor from three different vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized vehicles and came to be implicated at
the instance of Chowkidar, but then it is submitted that once an
Patna High Court CR. MISC. No.38746 of 2026(2) dt.29-06-2026
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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. It is next
submitted that petitioner earlier also came to be implicated in
similar manner in cases relating to Excise.
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.
55000/- (Rupees Fifty Five 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
Ahiyapur P.S. Case No. 349 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 petitioner and
in the event if it is found that petitioner has antecedent of more
than eleven cases then it would be presumed that petitioner, for
Patna High Court CR. MISC. No.38746 of 2026(2) dt.29-06-2026
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the 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 eleven
cases only in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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