Patna High Court
Sumangal Kumar Rai @ Shiv Mangal RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Sumangal Kumar Rai, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of over 5,200 litres of liquor from three vehicles. He contended that he was not arrested on the spot, had no possession of the liquor, and was implicated solely on secret information, despite having eleven prior criminal cases, ten of which were under the Excise Act. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.55,000 with two sureties, subject to verification of his antecedents and conditions under Section 482(2) of the B.N.S.S. The order was made conditional: if more than eleven prior cases are found, the bail would be revoked; if only eleven are confirmed, the bail would be affirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
- Whether a provisional anticipatory bail order subject to verification of antecedents is appropriate.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- criminal antecedents
- provisional bail
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79523 of 2025
Arising Out of PS. Case No.-248 Year-2025 Thana- BHAGWANPUR District- Vaishali
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Sumangal Kumar Rai @ Shiv Mangal Rai Son of Ram Ji Rai @ Ramjee Raay
R/o Vill.- Manpura, Police Station - Mahua, District - Vaishali.
... ... 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. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of eleven cases out of which ten cases
are under the Excise Act and allegation is of recovery of
5257.065 litres of liquor from three different vehicles. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and is not
the owner of any of the seized vehicles and he came to be
implicated based on secret information which is the easiest way
to implicate someone. It is next submitted that once an accused
Patna High Court CR. MISC. No.79523 of 2025(3) dt.09-01-2026
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is implicated in a case relating to excise, the police starts
implicating mechanically without holding a proper investigation
either at the instance of Chowkidar, local person, confessional
statement or secret information.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.55,000/- (Rupees Fifty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise Court No.-1-cum-Additional
District & Sessions Judge, Vaishali at Hajipur in connection
with Bhagwanpur P.S. Case No.248 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than eleven cases,
Patna High Court CR. MISC. No.79523 of 2025(3) dt.09-01-2026
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then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only eleven cases, in that
event, the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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