Patna High Court
Satyendra RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Satyendra Rai, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023, relating to the alleged recovery of 1,840 litres of liquor from a pickup vehicle. He argued that he was not caught in possession, was not the owner of the vehicle, and was implicated mechanically by the Prohibition & Excise Unit despite having six prior excise cases. The State opposed his anticipatory bail application. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and compliance with Section 482(2) of the CrPC, directing verification of his antecedents. The order further stipulated that if more than six prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the Bihar Narcotic Substances Act, 2023 and his prior criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedents
- provisional bail
- Section 482
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4830 of 2026
Arising Out of PS. Case No.-1004 Year-2025 Thana- MAHUA District- Vaishali
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Satyendra Rai S/o- Raj Ballabh Rai R/v- Diwantok Ps- Ganga Bridge, Dist-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022 as well as
Sections 274 and 275 of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of six cases under the Excise Act and
allegation is of recovery of 1840 litres of liquor from a pickup
vehicle. It is next submitted that petitioner was not arrested from
the spot, as such, nothing was recovered from his conscious
possession and is not the owner of the seized vehicle and he
came to be implicated at the instance of Bihar Prohibition &
Excise Unit, Patna. It is next submitted that once an accused is
Patna High Court CR. MISC. No.4830 of 2026(2) dt.02-02-2026
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implicated in a case relating to excise, the police starts
implicating mechanically without holding a proper
investigation. It is further submitted that in similar manner, the
petitioner also came to be implicated earlier.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.30,000/- (Rupees Thirty Thousand) with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special Prohibition and Excise Court (Second)-cum-District &
Additional Sessions Judge, Vaishali at Hajipur in connection
with Mahua P.S. Case No.1004 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than six cases,
Patna High Court CR. MISC. No.4830 of 2026(2) dt.02-02-2026
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then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only six cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.5000/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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