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Patna High Court

Nandu Rai @ Nandu Kumar RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, pending verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Nandu Rai, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41 of the Bihar Excise Act, wherein 4,798.08 litres of liquor were allegedly recovered from four vehicles. He contended that he was not arrested on the spot, had no possession of the liquor, was not the owner of the seized vehicles, and was implicated by a hostile chowkidar. The petitioner also highlighted his extensive criminal antecedent of 23 cases, 20 of which relate to excise offences, and argued that granting bail would ensure his cooperation with the investigation. The State opposed the bail on the ground of the seriousness of the offences and the petitioner’s prior record. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 1,00,000 with two sureties and directed the trial court to verify the petitioner’s antecedent before confirming the bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act offences given his prior criminal antecedent.
  • Whether the conditions imposed under Section 482(2) of the BNSS are sufficient to safeguard the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • criminal antecedent
  • Section 30
  • Section 41
  • Bihar Excise Act
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45817 of 2026
                    Arising Out of PS. Case No.-349 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Nandu Rai @ Nandu Kumar Ray S/o Raghunath Rai @ Raghunath Ray R/o
                 Village - Patiyasa, P.S. - Ahiyapur(Garha O.P.), Dist. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ratneshwar Prasad
                 For the Opposite Party/s :       Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-07-2026               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 30(a) and

                   41 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of 23 cases out of which 20 cases are

                   under the Excise Act and allegation is of recovery of 4798.08

                   litres of liquor from four different vehicles.

                             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 is not the owner of

                   the any of the seized vehicles and he came to be implicated at

                   the instance of Chowkidar with whom he is on an inimical term.
Patna High Court CR. MISC. No.45817 of 2026(2) dt.10-07-2026
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          It is next submitted that if Chowkidar was aware about the

          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. 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. It is also submitted that petitioner earlier also in

          similar manner came to be implicated in cases relating to

          Excise. It is next submitted that if privilege of anticipatory bail

          is granted, the petitioner will not abscond rather will cooperate

          in the 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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 1,00,000/- (Rupees one lakh) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in
              Patna High Court CR. MISC. No.45817 of 2026(2) dt.10-07-2026
                                                          3/3




                        connection with Ahiyapur (Garaha) P.S. Case No. 349 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 23

                        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 23 cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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