Patna High Court

Rajendra Rai @ Rajendra RayversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

The petitioner, Rajendra Rai, feared arrest in a case registered under Sections 274, 275 of the B.N.S.S. and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for allegedly recovering 200 litres of liquor from a motorcycle. He asserted a clean antecedent, argued that the liquor was not found in his possession, and that his implication stemmed solely from a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedents. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether a confessional statement of another accused can form the basis for arrest.
Whether the petitioner satisfies the criteria under Section 482(2) of the B.N.S.S. for provisional anticipatory bail.

Legislation cited

B.N.S.S. — s. 274, 275, 482(2)

Subjects

anticipatory bail
bail
criminal procedure
Bihar Prohibition and Excise Act
B.N.S.S.
confessional statement
clean antecedent
seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68151 of 2025
                     Arising Out of PS. Case No.-81 Year-2025 Thana- Bijdhari District- East Champaran
                 ======================================================
                 Rajendra Rai @ Rajendra Ray S/O Ram Ayodhya Rai Resident of village-
                 Sundrapur jhagruwa chatti, P.S.- Bijdhari, Dist.- East Champaran.
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Abhishek Kumar
                 For the Opposite Party/s :         Mr. Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  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 Sections 274, 275 BNS

                   and Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 200 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized vehicle and he came to be implicated

                   based on confessional statement of apprehended accused in police

                   custody which does not have any evidentiary value.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.68151 of 2025(3) dt.07-01-2026
                                                       2/2




                                  5. 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 Court below within a

                     period of six weeks from today, be released on provisional

                     anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five

                     hundred) 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 Bijdhari P.S. Case

                     No.81/2025, subject to the conditions as laid down under Section

                     482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of even one case,

                     in that event, it would be presumed that petitioner had concealed

                     his antecedent before this court, as such, the provisional

                     anticipatory bail order shall not be confirmed but if on verification

                     it is found that petitioner is a person with clean antecedent, in that

                     event the provisional anticipatory bail order shall be confirmed

                     forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T

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