Created by Fuzzy Cloud

Patna High Court

Daroga RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
           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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.