Patna High Court
Akhilesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Akhilesh Rai, applied for anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 360.92 litres of liquor from a vehicle. He argued that he has a clean antecedent, was not arrested at the spot, and was not in possession of the seized liquor nor the owner of the vehicle, claiming the investigation was based on secret information. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties, subject to verification of his criminal antecedent by the trial court. The order stipulated that if any antecedent is found, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of arrest and alleged clean antecedent justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89106 of 2025
Arising Out of PS. Case No.-877 Year-2025 Thana- SONEPUR District- Saran
======================================================
Akhilesh Rai S/o- Jino rai Village- Piroghat, P.S.- Fekla, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 360.92 litres of liquor from a car. 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
the seized vehicle and came to be implicated based on secret
information which is the easiest way to implicate someone 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
Patna High Court CR. MISC. No.89106 of 2025(2) dt.17-01-2026
2/2
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.500/-
(Rupees Five Hundred) with two sureties of the like amount each
to the satisfaction of learned 2nd Exclusive Special Excise Judge,
Saran at Chapra in connection with Sonepur P.S. Case No.877 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 antecedent of even one case, 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 is a
person with clean antecedent, in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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