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Patna High Court

Rajkishor Purvey @ Rajkishor PurweversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to a bail bond, sureties, and verification of the petitioner’s antecedent cases.

Summary

The petitioner, Rajkishor Purvey, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that liquor was recovered from a government school and that he had no possession or direct involvement. He argued that the complaint originated from a chowkidar’s allegation without proper investigation and that no material was seized from his conscious possession. 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.10,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 given the alleged facts.
  • Whether the absence of seized material from the petitioner’s possession and the source of the complaint affect the grant of bail.
  • What conditions may be imposed on provisional anticipatory bail, including verification of criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • bail bond
  • criminal antecedent
  • provisional bail
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83513 of 2025
                   Arising Out of PS. Case No.-392 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Rajkishor Purvey @ Rajkishor Purwe Son of Mahendra Purve @ Mahindra
                 Purve Resident of village -Majhauli @ Bhanudih PS- Runni Saidpur Distt
                 -Sitamarhi

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  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 Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases under the Excise Act and

                   allegation is of recovery of 58.10 litres of liquor from corner of

                   a government school. It is next submitted that petitioner was not

                   arrested from the spot, as such, nothing was recovered from his

                   conscious possession and even alleged recovery is from a place

                   which does not belong to the petitioner and he came to be

                   implicated at the instance of Chowkidar but then it is submitted
Patna High Court CR. MISC. No.83513 of 2025(3) dt.19-01-2026
                                            2/3




          that if Chowkidar was aware of the involvement of the

          petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant FIR, which casts an

          aspersion on the case of the prosecution. It is also 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.

                       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.10,000/- (Rupees Ten Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Judge Excise, Court No.-I, Sitamarhi in connection with

          Runni Saidpur P.S. Case No.392 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
               Patna High Court CR. MISC. No.83513 of 2025(3) dt.19-01-2026
                                                           3/3




                         accepting the provisional bail bond of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than two cases,

                         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 two cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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