Patna High Court
Subodh Rai @ Mukesh Rai @ Subod RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
Checking your session…