Patna High Court
Arjun RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to bond, sureties and verification of antecedents.
Summary
The petitioners, three residents of Heera Tola, Patna, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 880 litres of liquor from two breweries. They contended that the liquor was not in their conscious possession, they owned no breweries, and they were implicated by a hostile watchman without proper investigation. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioners' criminal antecedents. It stipulated that if the antecedent claims are found false, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in a case under the Bihar Prohibition and Excise Act, Section 30(a).
- Whether the alleged lack of possession and ownership of the liquor and breweries justifies bail.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 30
- Criminal Procedure Code
- Section 438
- Section 482
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4307 of 2026
Arising Out of PS. Case No.-861 Year-2025 Thana- MANER District- Patna
======================================================
1. Arjun Rai S/o Deenanath Roy Resident of Village - Heera Tola, Sherpur,
P.S.- Maner, District - Patna
2. Deepak Kumar S/o Arun Rai Resident of Village - Heera Tola, Sherpur, P.S.-
Maner, District - Patna
3. Raghu Rai @ Gunga Rai S/o Niwas Rai Resident of Village - Heera Tola,
Sherpur, P.S.- Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Smita Shreeyash, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners no. 1 and 2 have antecedent of one case under the
Excise Act and petitioner no. 3 is a person with clean antecedent
and allegation is of recovery of 880 litres of liquor from two
different breweries.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.4307 of 2026(2) dt.31-01-2026
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recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners nor petitioners are owner of any of the breweries. It
is further submitted that petitioners came to be implicated at the
instance of the Chawkidar with whom they are on an inimical
term. It is next submitted that once an accused is implicated in a
case relating to excise the police start implicating mechanically
either at the instance of the Chawkidar, local person,
confessional statement or secret information without holding a
proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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.5,000/- (Rupees Five Thousand) each 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
Maner P.S. Case No. 861 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
Patna High Court CR. MISC. No.4307 of 2026(2) dt.31-01-2026
3/3
BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioners no. 1 and 2 have antecedent of more
than one case and petitioner no. 3 has antecedent of even one
case, it would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners no. 1 and 2 have antecedent of only one case and
petitioner no. 3 is a person with clean antecedent in that event
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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