Created by Fuzzy Cloud

Patna High Court

MITHUN RAI @ MITHUN RAY @ MITHUN KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.