Patna High Court

Munna RaiversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to verification of the petitioner’s criminal antecedent.

Summary

Munna Rai, the petitioner, feared arrest in an excise case (PS Motipur Case No. 376 of 2025) involving alleged recovery of 539.640 litres of liquor from a Tata Magic vehicle. He claimed he was not caught in possession, was not the owner of the vehicle, and was implicated solely on secret information without proper investigation. The petitioner, who has four prior criminal cases (three under the Excise Act), sought anticipatory bail. The State opposed the bail. The High Court granted provisional anticipatory bail, conditioning it on a bail bond of Rs.20,000 with two sureties and directing the trial court to verify the petitioner’s antecedent; if more than four cases are found, the bail would be revoked. The order is subject to Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the excise case.
Whether the petitioner’s prior criminal antecedent disqualifies him from anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
seizure of liquor
secret information
criminal antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91623 of 2025
                    Arising Out of PS. Case No.-376 Year-2025 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 Munna Rai S/o Harindra Rai @ Harinandan Ray R/o vill - Mahwal, P.S.-
                 Motipur, Distt.- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 offences punishable under Sections 30(a), 52

                   and 41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases, as would manifest from

                   a supplementary affidavit out of which three cases are under the

                   excise act and allegation is of recovery of 539.640 liters of

                   liquor from a Tata Magic pick up vehicle.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and he came to be implicated based
Patna High Court CR. MISC. No.91623 of 2025(2) dt.13-01-2026
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          on secret information which is the easiest way to implicate

          someone. 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.

                       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, 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.

          20,000/- (Rupees Twenty 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

          Motipur P.S. Case No. 376 of 2025 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of more than four

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
            Patna High Court CR. MISC. No.91623 of 2025(2) dt.13-01-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner has

                      antecedent of four cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.

                                   8. The supplementary affidavit is taken on record.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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