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Patna High Court

Akhilesh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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