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Patna High Court

Rajesh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to bond and verification of antecedent.

Summary

Petitioner Rajesh Rai applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a) and 41(1) of the Excise Act, alleging recovery of 210 litres of liquor. He argued that he was not arrested on the spot, had no possession of the seized vehicles, and was implicated solely on a confessional statement of another accused, which he claimed lacks evidentiary value. The State opposed the bail, citing the petitioner’s antecedent of twelve prior Excise cases. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs.60,000 with two sureties and directed verification of his criminal antecedent; if more than twelve cases are found, the bail would not be confirmed. The petitioner was also ordered to deposit Rs.10,000 with the Advocates’ Association within two weeks.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in the present facts.
  • Whether the petitioner’s prior criminal antecedent of twelve Excise cases disqualifies him from obtaining anticipatory bail.
  • Whether a confessional statement of another accused, lacking evidentiary value, can be a ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise offences
  • prior criminal antecedent
  • confessional statement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5640 of 2026
                  Arising Out of PS. Case No.-356 Year-2025 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Rajesh Rai Son of Ram Ayodhya Rai @ Ram Ayodhya Ray Resident of
                 village - Motnaje, P.S.- Chiraiya, District - East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr.Gauri Shankar Gupta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 317(5) of the B.N.S. and Sections 30(a) and 41(1) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of twelve cases under the Excise

                   Act and allegation is of recovery of 210 litres of liquor from two

                   motorcycles.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicle and he came to be implicated based on
Patna High Court CR. MISC. No.5640 of 2026(2) dt.03-02-2026
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          confessional statement of apprehended accused in police, which

          does not have any evidentiary value. It is next submitted that

          police in majority of cases implicating innocent persons either at

          the behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          proper investigation. It is also submitted that earlier also the

          petitioner came to be implicated in similar manner.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.60,000/- (Rupees Sixty 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 Chiraiya P. S. Case No.356 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.5640 of 2026(2) dt.03-02-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than twelve cases,

                         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 antecedent of twelve cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.10,000/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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