Raghav Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73493 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- EXCISE BENIPUR District- Darbhanga ====================================================== Raghav Rai S/O Late Bua Nand Rai R/O Village- Gharaura, Ward No. 01, P.S- Bahera, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-04-2026 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 Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case as would manifest from supplementary affidavit and allegation is of recovery of 4.125 litres of liquor concealed under husk near Janki Dhaba. 4.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and Dhaba is a place where customer in large number comes and no prudent person would use his own premises for committing an occurrence and

Patna High Court CR. MISC. No.73493 of 2025(4) dt.27-04-2026 2/3 thus would create evidence against himself and hence would get implicated. It is further submitted that it appears that some customer concealed meagre amount of liquor concealed under husk within the premise of Dhaba and since the petitioner is owner of Janki Dhaba hence came to be implicated at the instance of local people in a mechanical manner by the police. 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. 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 Excise P.S. Benipur Case No. 78 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 one case 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.73493 of 2025(4) dt.27-04-2026 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 one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T