Patna High Court

Mahesh RaiversusThe State of Bihar

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

Holding

Provisional anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 482(2) of the BNSS.

Summary

Mahesh Rai sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 18 litres of liquor from his tobacco shop. He contended that the liquor was seized in his absence and that the police relied on secret information without proper investigation. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedents. It directed that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
police investigation
criminal antecedent
Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69491 of 2025
                       Arising Out of PS. Case No.-48 Year-2023 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Mahesh Rai Son of Mangal Ray Resident Of Village - Kutubpur
                 Chakmohamad, P.S. - Bidupur, DIst. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sachin Kumar
                 For the Opposite Party/s :       Mr.Kanhiya Kishor
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case and allegation is of

                   recovery of 18 litres of liquor from tobacco shop of the

                   petitioner and Babul Rai.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and the alleged

                   recovery was made in absence of the petitioner. It is next

                   submitted that it appears that some customer on seeing the
Patna High Court CR. MISC. No.69491 of 2025(3) dt.07-01-2026
                                            2/3




          police concealed meagre amount of liquor near his shop and

          based on secret information, the petiitoner came to be

          implicated. It is further submitted that police in mechanical

          manner investigates and implicates either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   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, 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.

          5,000/- (Rupees Five 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 Bidupur

          P.S. Case No. 48 of 2023, subject to the conditions as laid down

          under Section 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

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the
              Patna High Court CR. MISC. No.69491 of 2025(3) dt.07-01-2026
                                                          3/3




                        purposes of seeking anticipatory bail, had concealed his

                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

Continue reading with your account

Checking your session…