Patna High Court
Janjali Rai @ Janakdhari KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
Petitioner Janjali Rai sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, alleging that liquor was recovered from a pickup vehicle not owned by him and that he was implicated solely on secret information. He has four prior cases, three under the Excise Act, and contends that no seizure was made from his possession. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed verification of his criminal antecedent. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The court exercised its inherent powers under Section 482(2) to issue the provisional bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged recovery of liquor and his prior criminal antecedent.
- Whether the reliance on secret information and lack of seizure from the petitioner’s possession justify granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- anticipatory bail
- excise law
- secret information
- criminal antecedent
- provisional bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7776 of 2026
Arising Out of PS. Case No.-1004 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Janjali Rai @ Janakdhari Kumar S/O Ramjanam Rai Resident of village-
Diwantok,P.S- Gangabridge, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases out of which three cases
are under the Excise Act and allegation is of recovery of 1840
litres of liquor from a pickup vehicle.
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 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
Patna High Court CR. MISC. No.7776 of 2026(2) dt.15-04-2026
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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. It is also submitted that petitioner earlier also in
similar manner came to be implicated in cases relating to
Excise.
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 P.S. Case No. 1004 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
Patna High Court CR. MISC. No.7776 of 2026(2) dt.15-04-2026
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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 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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