Patna High Court
Gajendra RautversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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