Patna High Court
Satyendra Rai @ Satyendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent cases.
Summary
The petitioner, Satyendra Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that 180.18 litres of liquor were recovered from a bathan (open space) linked to him and another person. He argued that no liquor was found in his immediate possession, the FIR omitted the informant’s name, and the bathan was accessible to villagers, making it unlikely he created evidence against himself. The State opposed the bail. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on a bond of Rs 10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents. It stipulated that if the petitioner is found to have more than two prior cases, the bail will not be confirmed; if only two, it will be confirmed immediately. The order was made by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in the context of alleged liquor possession under the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72501 of 2025
Arising Out of PS. Case No.-780 Year-2025 Thana- SONEPUR District- Saran
======================================================
Satyendra Rai @ Satyendra Kumar Son of Baleshwar Rai Resident of Village-
Sabalpur Newal Tola, PS - Sonpur, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P.
======================================================
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 the
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and allegation is of
recovery of 180.18 litres of liquor from the bathan of the
petitioner and Dharmendra Kumar.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and bathan is a place
outside the house and is accessible to villagers at large. It is
further submitted that no prudent person would use his own
land/premises for committing an occurrence and thus would
Patna High Court CR. MISC. No.72501 of 2025(3) dt.07-01-2026
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create evidence against himself and hence would get implicated.
It is next submitted that petitioner came to be implicated at the
instance of the local persons but then the name of the person
who disclosed the name of the petitioner is not disclosed in the
FIR which casts an aspersion on the case of the prosecution. It is
also submitted that it appears that someone inimical to the
family concealed the liquor in the bathan of the petitioner which
is an open space.
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, let 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.10,000/- (Rupees Ten 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 Sonepur
P.S. Case No. 780 of 2025, subject to the conditions as laid
down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
Patna High Court CR. MISC. No.72501 of 2025(3) dt.07-01-2026
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it is found that petitioner has antecedent of more than two cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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