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Patna High Court

Subodh Rai @ Mukesh Rai @ Subod RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of antecedents.

Summary

The petitioner Subodh Rai sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning alleged recovery of 60.300 litres of liquor from a field not belonging to him. He argued that the liquor was not in his possession, that his name was not mentioned in the FIR, and that the investigation was mechanically conducted without proper inquiry. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs 10,000 with two sureties and directed the trial court to verify his criminal antecedents, noting that if more than two prior cases are found, the bail would not be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s alleged lack of possession and omission from the FIR justify bail.
  • Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • Section 30
  • Section 482
  • provisional bail
  • criminal antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69433 of 2025
                        Arising Out of PS. Case No.-255 Year-2025 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Subodh Rai @ Mukesh Rai @ Subod Rai S/O Ram Pratap Ray R/O Village-
                 Sirahi, P.S.- Riga, Distt.- Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ritesh Kumar Narain Singh
                 For the Opposite Party/s :        Mr. Shyam Bihari 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 Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 60.300 litres of liquor from field of

                   Daras Rai. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does not belong to the petitioner nor petitioner has any relation

                   or concern with Daras Rai and he came to be implicated at the

                   instance of local person but the name of person who disclosed
Patna High Court CR. MISC. No.69433 of 2025(3) dt.07-01-2026
                                            2/3




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

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

          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either through chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

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

          anticipatory bail of the petitioner.

                       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.10,000/- (Rupees ten thousands) 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 Riga P.S.

          Case No.255/2025, 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 more than

          two cases, in that event, it would be presumed that petitioner
             Patna High Court CR. MISC. No.69433 of 2025(3) dt.07-01-2026
                                                         3/3




                       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 has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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