Patna High Court
Daroga RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioners' criminal antecedents.
Summary
The petitioners, Daroga Rai and Moti Rai, were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 50 litres of liquor and 5,000 litres of semi‑prepared liquor from a bamboo orchard. They sought anticipatory bail, arguing that the liquor was not in their conscious possession, the site did not belong to them, and they were implicated solely on the basis of a chowkidar’s statement without proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.45,000 with two sureties and directed the trial court to verify the petitioners’ criminal antecedents. The order further stipulated that if any petitioner concealed prior cases, the bail would not be confirmed for that individual, but if the antecedent is verified as nine cases, the bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the applicable code in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- Bihar Excise Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58805 of 2025
Arising Out of PS. Case No.-588 Year-2023 Thana- CHIRAIYA District- East Champaran
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1. Daroga Rai Son of Rudal Rai R/V - Mohaddipu/Mohadipur, P.S. - Chiraiya/
Chariya, Dist. - East Champaran.
2. Moti Rai Son of Rudal Rai R/V - Mohaddipu/Mohadipur, P.S. - Chiraiya/
Chariya, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of nine cases out of which four cases
are under the Excise Act and allegation is of recovery of 50
litres of liquor along with 5000 litres semi-prepared liquor from
a bamboo orchard.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.58805 of 2025(3) dt.06-01-2026
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recovered from their conscious possession and even the alleged
recovery is from a place which does not belongs to the
petitioners and is accessible to villagers at large and they came
to be implicated at the instance of Chowkidar. It is further
submitted that once an 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
45,000/- (Rupees Forty-five Thousand) each 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. 588 of 2023, subject to the
conditions as laid down under Section Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
Patna High Court CR. MISC. No.58805 of 2025(3) dt.06-01-2026
3/3
event if it is found that petitioners have antecedent of more than
nine cases then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioners have antecedent of
nine cases in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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