Patna High Court
MITHUN RAI @ MITHUN RAY @ MITHUN KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted provisionally subject to verification of the petitioner’s criminal antecedents and compliance with the conditions under Section 482(2) of the BNSS.
Summary
Mithun Rai sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 164.160 litres of liquor from a Tata Magic vehicle. He contended he was not caught with the liquor, was not the owner of the vehicle, and was merely a chowkidar, arguing that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and a condition that the trial court verify his criminal antecedents within six weeks. If more than one prior case is found, the bail would not be confirmed; if only one antecedent exists, the provisional order would be confirmed. The petitioner was also directed to deposit Rs.2,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged antecedent of a prior excise case warrants denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- Bihar Excise Act
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5072 of 2026
Arising Out of PS. Case No.-234 Year-2025 Thana- SARAI RANJAN District- Samastipur
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MITHUN RAI @ MITHUN RAY @ MITHUN KUMAR Son of Virbahadur
Ray @ Virbahadur Rai @ Vijay Kumar Ray Resident of Meyari, Bizitpur
Meyari, Bazidpur Meari, Bajitpur Meari, Bajitpur Meyari, Vajitpur Meyari,
P.S.- Sarairanjan, District - Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 164.160 liters of liquor from a Tata
Magic vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and came to be implicated at the
Patna High Court CR. MISC. No.5072 of 2026(2) dt.02-02-2026
2/3
instance of Chowkidar, but then it is 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.
5,000/- (Rupees Five 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 Sarai
Ranjan P.S. Case No. 234 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
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.5072 of 2026(2) dt.02-02-2026
3/3
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 one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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