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Patna High Court

Baban Rai @ Baban KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Baban Rai, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged possession of 900 ml of liquor recovered from a motorcycle. He argued that he was not caught in the act, had no conscious possession, and was implicated based on a chowkidar's information without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.15,000 with two sureties and a deposit of Rs.2,500 with the Advocates’ Association, subject to verification of his criminal antecedent. If the petitioner is found to have more than three prior cases, the bail will not be confirmed; if only three, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • police investigation
  • criminal antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5804 of 2026
                       Arising Out of PS. Case No.-1177 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Baban Rai @ Baban Kumar Son of Ashok Ray Resident of Village-
                 Chaharam Ward No. 11, P.S.- Sonepur, District- Saran, Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Braj Nandan Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 three cases out of which two cases

                   are under the excise act and allegation is of recovery of 900 ml

                   of liquor from a motorcycle.

                                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

                   instance of Chowkidar, but then it is submitted that once an
Patna High Court CR. MISC. No.5804 of 2026(2) dt.03-02-2026
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          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.

          15,000/- (Rupees Fifteen 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 Sonepur

          P.S. Case No. 1177 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 three cases then it would be presumed that petitioner, for

          the purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.5804 of 2026(2) dt.03-02-2026
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                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of three

                      cases 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


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