Daroga Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58805 of 2025 Arising Out of PS. Case No.-588 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Daroga Rai Son of Rudal Rai R/V - Mohaddipu/Mohadipur, P.S. - Chiraiya/ Chariya, Dist. - East Champaran.

2.

Moti Rai Son of Rudal Rai R/V - Mohaddipu/Mohadipur, P.S. - Chiraiya/ Chariya, Dist. - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Rathore Alias Kundan Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-01-2026 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that petitioners have antecedent of nine cases out of which four cases are under the Excise Act and allegation is of recovery of 50 litres of liquor along with 5000 litres semi-prepared liquor from a bamboo orchard.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.58805 of 2025(3) dt.06-01-2026 2/3 recovered from their conscious possession and even the alleged recovery is from a place which does not belongs to the petitioners and is accessible to villagers at large and they came to be implicated at the instance of Chowkidar. It is further 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 petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 45,000/- (Rupees Forty-five Thousand) each 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 Chiraiya P.S. Case No. 588 of 2023, subject to the conditions as laid down under Section Section 482(2) of the BNSS.

7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the

Patna High Court CR. MISC. No.58805 of 2025(3) dt.06-01-2026 3/3 event if it is found that petitioners have antecedent of more than nine cases then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners have antecedent of nine cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T