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Patna High Court

Satyendra RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                 ======================================================
                 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
                                            2/3




          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
                                                           3/3




                         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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