Patna High Court
Vikash Rai @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail should be granted subject to verification of the petitioner’s antecedent, with the bail to be confirmed if no prior criminal record is found.
Summary
Vikash Rai applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 178.200 litres of liquor from a hut not belonging to him. The petitioner asserted a clean antecedent, no arrest, and that the FIR did not disclose the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent by the trial court. The court clarified that if any antecedent is found, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted when the alleged offence under Section 30(a) of the Excise Act involves recovery of liquor from a place not owned by the accused and the accused was not arrested.
- Whether the petitioner’s clean antecedent and the absence of the informant’s name in the FIR justify granting anticipatory bail.
- What conditions under Section 438(2) of the Cr.P.C. must be imposed on the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40185 of 2026
Arising Out of PS. Case No.-141 Year-2024 Thana- EXCISE PATORI District- Samastipur
======================================================
Vikash Rai @ Vikash Kumar S/o Bhola Rai R/o Village- Hetanpur Runi
Bhaiya, Ward No 14, PS- Patory, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 178.200 litres of liquor from hut of Dharmendra
Kumar.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and he has no concern or relation with Dharmendra and he came
Patna High Court CR. MISC. No.40185 of 2026(2) dt.30-06-2026
2/3
to be implicated at the instance of local person, but the name of
the person, who disclosed the name of the petitioner is not
disclosed in the F.I.R., which casts an aspersion on the case of
the prosecution, when petitioner has not implicated based on
secret information and is a person with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Patory Excise P. S. Case No.141 of 2024, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.40185 of 2026(2) dt.30-06-2026
3/3
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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