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Patna High Court

Gajendra RautversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Gajendra Raut, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 5 litres of liquor from a bush adjacent to his house. He argued that the liquor was not in his possession, the location did not belong to him, and the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs.20,000 bond with two sureties and a requirement that the trial court verify the petitioner’s criminal antecedent within six weeks. If more than four prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed. The petitioner also agreed to deposit Rs.5,000 with the Patna High Court Advocate Association.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. for an alleged offence under the Bihar Prohibition and Excise Act, 2016.
  • Whether the absence of the alleged contraband in the petitioner’s possession and the omission of the informant’s name in the FIR affect the grant of anticipatory bail.
  • Whether the petitioner’s criminal antecedent (four prior cases) influences the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6279 of 2026
                       Arising Out of PS. Case No.-318 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Gajendra Raut Son of Late Lalpatha Raut @ Lalbabu Raut R/o Village- Brit
                 Bhagwanpur, PS- Panapur, District- Saran
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Dr. Kumar Uday Pratap, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases and allegation is of

                   recovery of 5 litres of liquor from a bush behind the house of

                   the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his house. It is further submitted that

                   petitioner came to be implicated at the instance of the local
Patna High Court CR. MISC. No.6279 of 2026(2) dt.04-02-2026
                                            2/3




          person but then the name of the person who disclosed the name

          of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution. It is next submitted that

          the off late the police have started implicating accused who have

          criminal antecedent in excise cases.

                       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

          Panapur P.S. Case No. 318 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than four cases,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.6279 of 2026(2) dt.04-02-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     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.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.5,000/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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