Patna High Court
Rajesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(1)
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
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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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