Patna High Court
Sumangal Kumar Rai @ Sumangal RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent cases.
Summary
The petitioner, Sumangal Kumar Rai, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 954 litres of liquor. He argued that he was not in possession of the seized vehicle, that the case was based on secret information, and that he had a history of eleven prior cases but no current arrest. The State opposed the bail. The High Court, after hearing both sides, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.55,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. The order was conditioned that if more than eleven antecedent cases are found, the bail would not be confirmed; otherwise it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether conditions under Section 482(2) of the B.N.S.S. may be imposed on anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72341 of 2025
Arising Out of PS. Case No.-296 Year-2024 Thana- Excise Thana Hajipur District- Vaishali
======================================================
Sumangal Kumar Rai @ Sumangal Rai Son of Ramji Rai R/o Vill. - Manpura,
P.S. - Mahua, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of eleven cases as would manifest
from supplementary affidavit and allegation is of recovery of
954 litres of liquor from a pickup vehicle. 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 secret information which is the easiest way to implicate
someone. It is further submitted that once an accused is
Patna High Court CR. MISC. No.72341 of 2025(3) dt.07-01-2026
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implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is also submitted that
in similar manner, the petitioner was earlier also implicated in
cases relating to excise.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.55,000/- (Rupees Fifty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.-02-cum-Additional District
& Sessions Judge, Vaishali at Hajipur in connection with
Hajipur Excise P.S. Case No.296 of 2024, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than eleven cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only eleven cases, in that
event, the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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