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Patna High Court

Sumangal Kumar Rai @ Shiv Mangal RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                           3/3




                         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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