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Patna High Court

Vijay Rai @ Vijay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond, sureties, and verification of antecedents.

Summary

Vijay Rai (Vijay Kumar) applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where liquor was allegedly recovered from premises adjacent to his house but not from his possession. He argued that the complaint originated from a chowkidar and that he had no direct involvement, also highlighting that the police had not conducted a proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and compliance with Section 482(2) of the Criminal Procedure Code. The order further directed verification of the petitioner’s criminal antecedents, stating that if more than four cases are found, the bail may be revoked.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused claims lack of possession and improper investigation.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • Section 30
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91900 of 2025
                        Arising Out of PS. Case No.-657 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Vijay Rai @ Vijay Kumar Son of Aditya Rai Resident Of Village - Tahal Tola,
                 Ps- Garkha, Dist- Saran At Chapra

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

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

2   13-01-2026                  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 has antecedents of four cases out of which three cases

                   are under the Excise Act and allegation is of recovery of 5 litres

                   of liquor from a place behind the house of the petitioner, 20

                   litres of liquor from a sack and 10.5 litres of liquor from a bush.

                   It is next submitted that petitioner was not arrested from the

                   spot, as such, nothing was recovered from his conscious

                   possession and even alleged recovery is from a place which

                   does belong to the petitioner but then is adjacent to the house of
Patna High Court CR. MISC. No.91900 of 2025(2) dt.13-01-2026
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          the petitioner and he has no concern with the sack and he came

          to be implicated at the instance of Chowkidar but then it is

          submitted that if Chowkidar was aware of the involvement of

          the petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution. 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.

                       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 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.20,000/- (Rupees Twenty Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Special Judge, Excise-Ist, Saran at Chapra in connection with

          Garkha P.S. Case No.657 of 2025, subject to the conditions laid

          down under Section 482(2) of the B.N.S.S.
               Patna High Court CR. MISC. No.91900 of 2025(2) dt.13-01-2026
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                                      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 antecedents of more than four cases,

                         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 has antecedents of only four cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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