Patna High Court
Rajesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act, 2023 — s. 111, 274, 275
- Bihar Narcotic Substances (BNSS) Act — s. 482(2)
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
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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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