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Patna High Court

Ram Niwas Rai @ Mukesh RanjanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the withdrawal of the anticipatory bail application of Petitioner 1 and granted provisional anticipatory bail to Petitioner 2 subject to conditions and verification of antecedents.

Summary

The petitioners, Ram Niwas Rai (Petitioner 1) and Sharma Rai (Petitioner 2), filed anticipatory bail applications in a criminal case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. Petitioner 1, who had already been arrested, sought to withdraw his anticipatory bail application, which the court permitted, resulting in the dismissal of his application as withdrawn. Petitioner 2, facing alleged recovery of 480 litres of liquor and claiming no direct possession or prior arrest, argued that the complaint was mechanically filed based on a watchman's information. The State opposed the bail. The court granted Petitioner 2 provisional anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties, and conditioned the confirmation of bail on verification of his criminal antecedents within six weeks. If more than two prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether a petitioner may withdraw an anticipatory bail application after filing it.
  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. and Section 482(2) of the BNSS in view of the facts alleged.
  • Whether the presence of more than two prior criminal cases should preclude confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • provisional bail
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79430 of 2025
                       Arising Out of PS. Case No.-848 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Ram Niwas Rai @ Mukesh Ranjan S/o Late Shivnath Rai @ Late Shivnath
                 Ray @ Mukhiya R/o - Sabalpur Neval Tola, P.S - Sonepur, District- Saran
           2.    Sharma Rai @ Sharma Nand Rai S/o Natha Rai R/o - Rustampur Raghopur,
                 P.S - Rustampur, District - Vaishali
                                                                                  ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioners, at the outset,

                   seeks permission to withdraw the anticipatory bail application

                   with respect to petitioner no. 1, namely, Ram Niwas Rai @

                   Mukesh Ranjan who was arrested during pendency of the same.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application with

                   respect to petitioner no. 1 is dismissed as withdrawn.

                                5. The petitioner no. 2 apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                6. Learned counsel for the petitioner no. 2 submits
Patna High Court CR. MISC. No.79430 of 2025(2) dt.21-01-2026
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          that petitioner no. 2 has antecedent of two cases and allegation

          is of recovery of 480 litres of liquor from a place near Ganja

          Diyara.

                       7. Learned counsel for the petitioner no. 2 submits

          that petitioner no. 2 was not arrested from the spot, as such,

          nothing was recovered from his conscious possession and even

          the alleged recovery is from a place which does not belong to

          the petitioner no. 2 and is accessible to villagers at large. It is

          further submitted that petitioner no. 2 came to be implicated at

          the instance of the Chawkidar but then it is submitted that if the

          Chawkidar was aware of the involvement of the petitioner no. 2

          in the occurrence then why he did not inform the police prior to

          the institution of the instant FIR which casts an aspersion on the

          case of the prosecution. It is next submitted that once an accused

          is implicated in a case relating to excise the police start

          implicating mechanically at the instance of the Chawkidar, local

          person, confessional statement or secret information without

          holding a proper investigation of the case.

                       8. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner no. 2.

                       9. Considering the submissions made by the learned

          counsel for the petitioner no. 2, let the petitioner no. 2 above-
           Patna High Court CR. MISC. No.79430 of 2025(2) dt.21-01-2026
                                                       3/3




                     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. 848 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                               10. It is made clear that thereafter the learned trial court

                     shall verify the criminal antecedent of the petitioner no. 2 and if

                     it is found that petitioner no. 2 has antecedent of more than two

                     cases, it would be presumed that petitioner no. 2 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 no. 2 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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