Patna High Court
Dilip RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to bail bonds, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Dilip Rai, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 99 litres of liquor from a bamboo orchard not belonging to him. He argued that the FIR did not name the informant, that the alleged recovery was not from his possession, and that the police had mechanically implicated him based on secret information. The petitioner sought anticipatory bail, while the State opposed the relief. The Court granted provisional anticipatory bail, requiring a bail bond of Rs. 25,000 with two sureties and subject to verification of his criminal antecedents within six weeks. The order stipulated that if more than five prior cases are found, the bail would not be confirmed; if exactly five, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the lack of named informant and absence of possession affect the propriety of granting bail.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- bail conditions
- criminal antecedent
- FIR
- secret information
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41725 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- BAJPATTI District- Sitamarhi
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Dilip Rai S/O- Sakal Rai R/O village - Narha Kala Narha Kala Utarwari Tola,
P.S. Bajpatti, Dist. Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 99
litres of liquor from a bamboo orchard.
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
and he came to be implicated at the instance of local people, but
Patna High Court CR. MISC. No.41725 of 2026(2) dt.30-06-2026
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then the name of the person, who disclosed the name of the
petitioner, is not disclosed in the FIR, which casts an aspersion
on the case of the prosecution, when petitioner has not been
implicated based on secret information. It is further submitted
that once an 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.
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. 25,000/- (Rupees
Twenty-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 Bajpatti P.S. Case No.
91 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 five
Patna High Court CR. MISC. No.41725 of 2026(2) dt.30-06-2026
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cases then it would be presumed that petitioner, for 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 five cases, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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