Patna High Court
Yugeshwar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioners’ clean antecedent and lack of immediate possession of the alleged liquor, provisional anticipatory bail could be granted subject to verification of antecedents and compliance with conditions under Section 482(2).
Summary
The petitioners, Yugeshwar Rai and Rangbaj Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for alleged recovery of 60 litres of liquor. They argued they have clean antecedents, were not arrested at the spot, the liquor was not in their conscious possession, and the location was public, with the informant’s identity undisclosed in the FIR. The State opposed the bail. The High Court, after considering these submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and sureties, and directed verification of their criminal antecedents. If any antecedent is found, the bail would be presumed concealed and the order would not be confirmed; otherwise, it would be confirmed. The order is subject to the provisions of Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the lack of immediate possession and undisclosed informant justify bail.
- What conditions should be imposed on the anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84905 of 2025
Arising Out of PS. Case No.-489 Year-2021 Thana- MANER District- Patna
======================================================
1. Yugeshwar Rai S/o- Ram Kripal Rai Village- Mahinawa Bazar PS- Maner
District- Patna
2. Rangbaj Rai @ Rangbag Rai @ Baleshwar Ray S/o- Ram Kripal Rai
Village- Mahinawa Bazar PS- Maner District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha
For the Opposite Party/s : Mr. Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 60 litres of liquor from two plastic gallon. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
even the alleged recovery is from a place which does not belong
to the petitioners and is accessible to public at large and they
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came to be implicated at the instance of local person but then
the name of person who disclosed the name of the petitioners is
not disclosed in the FIR, which casts an aspersion on the case of
the prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) each 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
Maner. P.S. Case No.489/2021, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
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confirmed with but if after verification it is found that
petitioners are persons with clean antecedent, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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