Created by Fuzzy Cloud

Patna High Court

Ajay Rai @ Swaminath AryavalaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Ajay Rai, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 575.64 litres of liquor from his joint family house. He claimed he was not arrested at the spot and that the liquor could not be conclusively linked to him, also highlighting his antecedent of eleven prior cases, seven under the Excise Act. He applied for anticipatory bail, arguing lack of conscious possession and procedural lapses in the investigation. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bond of Rs.55,000 with two sureties, subject to verification of his criminal antecedent; if more than eleven cases are found, the bail will not be confirmed, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. given the nature of the offence and his criminal antecedent.
  • Whether the joint family ownership of the property negates the petitioner’s knowledge and possession of the liquor.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • joint family property
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 438 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7406 of 2026
                     Arising Out of PS. Case No.-155 Year-2025 Thana- Excise P.S. District- Samastipur
                 ======================================================
                 Ajay Rai @ Swaminath Aryavala S/o Late Suresh Rai Resident of Village -
                 Dudhpura, Ward No. 04, P.S - Samastipur (Mufassil), District - Samastipur
                                                                             ... ... 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. Yogendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  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, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioner has antecedent of eleven cases out of which seven

                   cases are under the Excise Act and allegation is of recovery of

                   575.64 litres of liquor from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who

                   had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.7406 of 2026(2) dt.19-02-2026
                                            2/3




          was within his knowledge. It is next submitted that petitioner

          came to be implicated at the instance of the Chawkidar but then

          it is submitted that once an accused is implicated in a case

          relating to excise the police start implicating mechanically either

          at the instance of the Chawkidar, local person, secret

          information or confessional statement without holding a proper

          investigation of the case.

                       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 within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.55,000/- (Rupees Fifty-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 Sadar Excise P.S.

          Case No. 155 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than eleven
           Patna High Court CR. MISC. No.7406 of 2026(2) dt.19-02-2026
                                                       3/3




                     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 eleven cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.