Gabbar Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Gabbar Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Saran at Chapra, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S, 2023 conditions and to co-operating in investigation/trial.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with Chapra Mufassil P.S. Case no.338 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Court's answer

Anticipatory bail was considered favourably because the place of recovery was an open space accessible to all and the petitioner has no criminal antecedent.

Ratio / Principle

It is directed that the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chapra Mufassil P.S. Case no.338 of 2025.

Key takeaways

Release is conditioned on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Saran at Chapra.ratio¶16
The anticipatory bail is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023.ratio¶16
A further condition imposed is that the petitioner shall co-operate in investigation/trial.

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J) granted anticipatory bail to Gabbar Rai apprehending arrest in Chapra Mufassil P.S. Case no.338 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016, wherein 35 liters of country made liquor was recovered from two plastic bags behind his house and his name was disclosed by the local chowkidar. Grounds: the place of recovery was an open space accessible to all and the petitioner has no criminal antecedent. Release ordered on arrest or surrender within four weeks on a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Saran at Chapra, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S, 2023 conditions and to co-operation in investigation/trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15379 of 2025

Arising Out of PS. Case No.-338 Year-2024 Thana- CHAPRA MUFFASIL District- Saran

======================================================

Gabbar Rai Son of Ramnath Rai Resident of Village- Nevaji Tola, P.S.Chapra Muffassil, District- Saran

... ... Petitioner/s Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Sharma, Advocate For the Opposite Party/s : Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 02-04-2025

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Chapra Mufassil P.S. Case no.338 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From a perusal of the F.I.R and the seizure list it appears that there is recovery of 35 liters of country made liquor from two plastic bags which was found behind the house of the petitioner. The local chowkidar disclosed the name of the petitioner and that is how the name of the petitioner has figured

Patna High Court CR. MISC. No.15379 of 2025(2) dt.02-04-2025 2/3

in the case.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery has been made from the conscious possession of the petitioner. The alleged place is an open space which is accessible to all. The name of the petitioner has come only on the basis of suspicion. The petitioner undertakes to cooperate in the case/trial.

The application for anticipatory bail is opposed by learned A.P.P. for the State.

In view of the facts of the case that the place of recovery being an open space which is accessible to all and the petitioner has no criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chapra Mufassil P.S. Case no.338 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Saran at Chapra, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to

Patna High Court CR. MISC. No.15379 of 2025(2) dt.02-04-2025 3/3

the further condition that he shall co-operate in investigation/trial.

(Soni Shrivastava, J)

Harsh/-

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