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Patna High Court

Ramesh RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Ramesh Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 1,950 litres of liquor from a pit and two scooters. He argued that he was not arrested at the spot, no liquor was found in his possession, he does not own the seized vehicles, and his name was omitted from the FIR, indicating a weak prosecution case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If the verification shows only one prior case, the bail will be confirmed; if more than one, the bail will not be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482 of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the Cr.P.C. in the circumstances of the case.
  • Whether the omission of the petitioner’s name from the FIR and lack of possession of the seized liquor affect the grant of bail.
  • Whether the petitioner’s criminal antecedent should influence the confirmation of the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • section 438
  • section 482
  • criminal antecedent
  • FIR omission

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90788 of 2025
                      Arising Out of PS. Case No.-589 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Ramesh Rai S/o Harish Ray R/o Village - East Nandgola, P.S - Malsalami,
                 District - Patna
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Prasad Singh, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 1950 litres of liquor from a place

                   near a pit and from two Scooty.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and

                   came to be implicated at the instance of the local persons but

                   then it is submitted that the name of the person who disclosed
Patna High Court CR. MISC. No.90788 of 2025(2) dt.08-01-2026
                                            2/3




          the name of the petitioner is not disclosed in the FIR which casts

          an aspersion on the case of the prosecution. It is next submitted

          that once an accused is implicated in a case relating to excise the

          police start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5,000/- (Rupees Five Thousand) 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

          Malsalami P.S. Case No. 589 of 2025, subject to the conditions

          as laid down under Section 438 (2) of the Cr.P.C./482 of the

          BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than one case,
           Patna High Court CR. MISC. No.90788 of 2025(2) dt.08-01-2026
                                                       3/3




                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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