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Patna High Court

Rajesh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted provisionally in the excise offences, subject to a bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

Petitioner Rajesh Rai sought anticipatory bail fearing arrest in a case under Sections 274, 275 and 111 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, where authorities alleged recovery of liquor and Mahua Jawa solution from his kiln. He contended that nothing was seized from his conscious possession, he was not the owner of the kiln, and the case was based solely on a confessional statement made by another accused in police custody, which he argued lacked evidentiary value. The State opposed the bail application. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if the petitioner is found to have more than two prior cases, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS, pending further verification by the trial court.

Issues considered

  • Whether anticipatory bail can be granted in the present excise and narcotic offences pending verification of the petitioner’s antecedent
  • Whether a confessional statement made by a co‑accused in police custody can be the basis to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • confessional statement
  • criminal antecedent
  • Bihar Excise Act
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43622 of 2026
                  Arising Out of PS. Case No.-572 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Rajesh Rai S/O Vishwanath Rai @ Bishwanath Ray R/o village - Sadha, P.s-
                 Chapra Muffasil, District - Saran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash
                 For the Opposite Party/s :      Ms. Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  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 274, 275

                   and 111 of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 1220 liters of liquor from four

                   different persons out of which 280 liters of liquor is alleged to

                   have been recovered from the kiln of the petitioner along with

                   6000 liters of Mahua Jawa solution which was destroyed at the

                   spot.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.43622 of 2026(2) dt.03-07-2026
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          petitioner was not apprehended from the spot as such nothing

          was recovered from his conscious possession and is not the

          owner of the kiln and came to be implicated based on

          confessional statement of Vijay in police custody which does

          not have any evidentiary value. It is also 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.

          10000/- (Rupees Ten 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 Chapra

          Muffasil P.S. Case No. 572 of 2025 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial
            Patna High Court CR. MISC. No.43622 of 2026(2) dt.03-07-2026
                                                        3/3




                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of more

                      than two 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 two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                    (Satyavrat Verma, J)
Rishabh/-

U      T


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