Patna High Court
Prem Raj @ RikkiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Prem Raj, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged possession of 4.86 litres of liquor and seizure of his scooty. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was only implicated because he owned the vehicle used by another person. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.20,000 with two sureties and conditions under Section 438(2) of the Cr.P.C., directing verification of the petitioner’s criminal antecedent within six weeks. If more than four prior cases are found, the bail will not be confirmed; if only four, it will be confirmed. The order is provisional pending verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code in the context of alleged violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor seizure
- criminal antecedent
- bail conditions
- Cr.P.C. 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57168 of 2025
Arising Out of PS. Case No.-413 Year-2025 Thana- KANKARBAG District- Patna
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Prem Raj @ Rikki S/O Sri Ram Chandra Prasad @ Ram Chandra Sahni R/O
Mohalla- East Indira Nagar, Road No.-1, Gali No.-06, P.S- Kanakarbagh,
Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-01-2026 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 Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases and allegation is of
recovery of 4.860 litres of liquor from a plastic bag and Scooty
was seized from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the scooty. It is next submitted that no prudent person
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would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated. It is also submitted that petitioner was completely
unaware that Raja would misuse the vehicle in the manner as
alleged who was also apprehended from the spot.
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, let 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.20,000/- (Rupees Twenty 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
Kankarbagh P.S. Case No. 413 of 2025, subject to the conditions
as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than four cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.57168 of 2025(3) dt.05-01-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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