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Sharma Rai @ Sikandar Ray v. The State of Bihar

Patna HC2 Dec 2025CR. MISC./55032/2025

Case brief

AI extract

What is this about?

Patna High Court, CRL.M. No.55032 of 2025, decided 02-12-2025, Satyavrat Verma, J. Anticipatory bail under Section 438 Cr.P.C.; Excise Act Sections 30(a); recovery of 215 litres of liquor near Sadha Chawar; Chapra Muffasil P.S. Case No.645 of 2024, District Saran; provisional anticipatory bail on bail-bond of Rs. 25,000/- each with two sureties; confirmation conditional on verification of criminal antecedents (petitioner no.1 five cases, petitioner no.2 four cases); concealment of antecedents leads to non-confirmation.

What did the court decide?

Provisional anticipatory bail to both petitioners upon arrest or surrender within six weeks, on bail-bonds of Rs. 25,000/- each with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions and confirmation by the trial Court after verification of criminal antecedents.

Sharma Rai @ Sikandar Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to anticipatory bail in connection with Chapra Muffasil P.S. Case No.645 of 2024 registered for offences punishable under Sections 30(a) of the Excise Act.

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Court's answer

In the event of arrest or surrender before the learned Court below within six weeks, the petitioners are directed to be released on provisional anticipatory bail on furnishing bail-bonds of Rs. 25,000/- each with two sureties of the like amount each, to the satisfaction of the learned Trial Court, subject to the conditions under Section 438(2) Cr.P.C.

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Ratio / Principle

The anticipatory bail application stands allowed.

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Key takeaways

The learned trial Court, after accepting the provisional bail bonds, shall verify the petitioners' criminal antecedents; if petitioner no.1 is found to have more than five cases and petitioner no.2 more than four, concealment before this Court will be presumed and the provisional anticipatory bail order shall not be confirmed; if petitioner no.1 has five cases and petitioner no.2 four cases only, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail – Offence under Sections 30(a) of the Excise Act arising out of Chapra Muffasil P.S. Case No.645 of 2024, District Saran – Alleged recovery of 215 litres of liquor from four sacks near Sadha Chawar – Petitioners not arrested from spot; recovery alleged from a public place and implication attributed to a Chaukidar on inimical terms – Held: petitioners, on arrest or surrender within six weeks, directed to be released on provisional anticipatory bail on bail-bonds of Rs. 25,000/- each with two sureties of the like amount, subject to Section 438(2) Cr.P.C. conditions – Trial Court to verify criminal antecedents: if petitioner no.1 has more than five and petitioner no.2 more than four antecedent cases, concealment presumed and provisional bail not to be confirmed; if antecedents match the disclosure (five and four cases respectively), bail to be confirmed forthwith. Application allowed. (Satyavrat Verma, J.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55032 of 2025

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Arising Out of PS. Case No.-645 Year-2024 Thana- CHAPRA MUFFASIL District- Saran

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

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1. Sharma Rai @ Sikandar Ray S/O Late Anarasi Ray R/O Village- Sadha, P.SChapra Muffasil, District- Saran.

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Manager Rai @ Manager Ray S/O Late Anarasi Ray R/O Village- Sadha, P.S- Chapra Muffasil, District- Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ravi Prakash For the Opposite Party/s : Mr.Ajit Kumar

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====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 02-12-2025

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Heard learned counsel for the petitioners and

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learned APP for the State.

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The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act.

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The learned counsel for the petitioners submits that the petitioner no.1 has antecedent of five cases and petitioner no.2 has antecedent of four cases and the allegation is of recovery of 215 litres of liquor from four sack near Sadha Chawar.

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The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

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Patna High Court CR. MISC. No.55032 of 2025(2) dt.02-12-2025 2/3

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recovered from their conscious possession and even alleged recovery is from a place, which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of Chaukidar with whom they are on an inimical term. It is further submitted that if Chaukidar was aware of the involvement of the petitioners in the occurrence, then why he did not inform the police prior to institution of the present F.I.R., which cast an aspersion on the case of the prosecution.

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Learned A.P.P. opposes the anticipatory bail application.

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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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty 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 Chapra Muffasil P. S. Case No.645 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Patna High Court CR. MISC. No.55032 of 2025(2) dt.02-12-2025 3/3

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7. The application stands allowed.

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It is made clear that the learned trial Court after

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accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioner no.1 has antecedent of more than five cases and petitioner no.2 has antecedent of more than four cases, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their 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 no.1 has antecedent of only five cases and petitioner no.2 has antecedent of four cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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vikash/-

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U T

Sharma Rai @ Sikandar Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sharma Rai @ Sikandar Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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