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Patna High Court

Nandlal RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                                        3/3




                      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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