Patna High Court
Parvjit Rai @ Parvjit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to specified conditions and verification of antecedents.
Summary
Petitioners Parvjit Rai and Srikant Singh sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act and Section 3 of the Prevention of Damage to Public Property Act, 1984. They contended that neither was arrested on the spot, no liquor was found in their possession, and they were implicated merely because the seized vehicle belonged to petitioner No. 1. The petitioners argued that they were unaware of any misuse of the vehicle by a third party and that the police had mechanically implicated them without proper investigation. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs 20,000, two sureties, verification of criminal antecedents, and a deposit of Rs 5,000 with the Advocates’ Association. The order further stipulated that the provisional bail would be confirmed only if the petitioners’ antecedents were as represented.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the circumstances alleged
- Whether the mere ownership of the vehicle used in the alleged excise offence suffices to justify arrest
- Whether the court may impose conditions such as verification of criminal antecedents before confirming anticipatory bail
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Prevention of Damage to Public Property Act, 1984 — s. 3
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- criminal antecedent
- bail conditions
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75098 of 2025
Arising Out of PS. Case No.-275 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
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1. Parvjit Rai @ Parvjit Kumar S/o Awadh Kishore Rai R/o Village-
Phaijulapur, P.S.- Baikunthpur, District- Gopalganj
2. Srikant Singh @ Painter @ Pintu @ Shrikant Kumar S/o Satrudhan Singh
R/o Village- Satjora, P.S.- Panapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachina
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act and Section 3 of Prevention of Damage to
Public Property Act 1984.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of four cases out of which two cases are
under the Excise Act and allegation is of recovery of 345.60
litres of liquor from a car.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and petitioner no. 1
Patna High Court CR. MISC. No.75098 of 2025(3) dt.31-01-2026
2/3
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 his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
implicated, it is further submitted that petitioners were
completely unaware that Akash would misuse the vehicle in the
manner as alleged, who was also apprehended from the spot. It
is further submitted that once an accused is 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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
Patna High Court CR. MISC. No.75098 of 2025(3) dt.31-01-2026
3/3
Sahebganj P.S. Case No. 275 of 2025, subject to the conditions
as laid down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of even
one case and petitioner no. 2 has antecedent of more than four
cases then it would be presumed that petitioners, for the purposes
of seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioner no. 1 is a person with clean antecedent and
petitioner no. 2 has antecedent of four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioners
based on instruction submits that petitioners undertake to deposit
an amount of Rs. 5,000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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