Patna High Court

Pintu RaiversusThe State of Bihar

Decided: 15 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

Petitioner Pintu Rai, owner of a vehicle from which 550.56 litres of liquor were seized, sought anticipatory bail alleging he was not present at the spot and had no conscious possession of the liquor. He has four prior cases under the Bihar Excise Act. The State opposed the bail. The Court granted provisional anticipatory bail on condition of a Rs.20,000 bond with two sureties and directed the trial court to verify his criminal antecedent. If more than four prior cases are found, the bail will not be confirmed; if exactly four, the bail will be confirmed. The order is subject to the conditions of Section 482(2) of the CrPC.

Issues considered

Whether anticipatory bail can be granted to the petitioner given the alleged seizure of liquor from his vehicle and his prior criminal antecedent.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise law
seizure of liquor
vehicle ownership
criminal antecedent
Section 30
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.750 of 2026
                  Arising Out of PS. Case No.-257 Year-2025 Thana- EXCISE MAHUWA District- Vaishali
                 ======================================================
                 Pintu Rai S/o Padarath Rai @ Ramjee Rai Resident Of Village- Mahindwara,
                 Ps- Mahnar, Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shivjee Singh
                 For the Opposite Party/s :      Mr.Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026               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 four cases under the Excise Act and

                   allegation is of recovery of 550.56 litres of liquor from an Alto

                   car.

                             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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.750 of 2026(2) dt.15-01-2026
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          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that the driver of the vehicle would misuse the vehicle in the

          manner as alleged.

                   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. 20,000/- (Rupees

          Twenty 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 Mahua Excise P.S.

          Case No. 257 of 2025, 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 four

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.750 of 2026(2) dt.15-01-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner has

                        antecedent of four cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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