Patna High Court
Raj Kishor RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to conditions and verification of the petitioner’s antecedents, under Section 482(2) of the CrPC.
Summary
Petitioner Raj Kishor Rai sought anticipatory bail after a vehicle he owned was seized containing 888 litres of liquor, alleged to be a violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018. He argued that he had no prior criminal record, was not present at the spot of seizure, and was unaware that a driver misused his vehicle. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and deposit Rs.1500 with the Advocates’ Association, subject to verification of his antecedents by the trial court. If the trial court finds a clean record, the bail will be confirmed; if any antecedent is discovered, the bail will not be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the petitioner’s ownership of the seized vehicle and alleged lack of knowledge of the offence justify anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5142 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- EXCISE KATORIYA District- Banka
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Raj Kishor Rai Son of Lt. Satyanand Ray Resident Of Mohalla - AAdarsh
Nagar, Biscuit factory Road, P.S. - Danapur, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Shahi
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
======================================================
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 offence punishable under Sections 30(a) and
32(3) of Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 888 litres of liquor from a Tata Magic vehicle. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
he came to be implicated based on the fact that he is owner of
the seized vehicle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.5142 of 2026(2) dt.02-02-2026
2/3
implicated. It is also submitted that the petitioner was
completely unaware that Chandan would misuse his vehicle in
the manner as alleged who was also apprehended from the spot
along with Srikant.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) 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 Katoriya
Excise P.S. Case No.170/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.5142 of 2026(2) dt.02-02-2026
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on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
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