Patna High Court
GULESH RAYversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The court held that, given the petitioner’s lack of physical possession of the contraband and his clean antecedent, anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, was warranted.
Summary
The petitioner, Gulesh Ray, the owner of a motorcycle from which 12 litres of illicit liquor was seized, applied for anticipatory bail. The prosecution alleged an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, based on the seizure, but no contraband was found in the petitioner's physical possession. The petitioner argued that he was falsely implicated merely as the vehicle owner and had no criminal antecedent. The court noted the absence of any material recovered from the petitioner, his clean record, and the fact that ownership alone does not constitute possession of the illegal liquor. Accordingly, the court granted anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to a bail bond, sureties, and conditions of cooperation and verification of antecedents.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seizure of illicit liquor from his vehicle.
- Whether ownership of the seized vehicle alone suffices to attract criminal liability under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- vehicle ownership
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10827 of 2026
Arising Out of PS. Case No.-481 Year-2025 Thana- Excise P.S. District- Araria
======================================================
Gulesh Ray S/o Late Mishri Lal Ray R/o vill - Chakaradaha, ward no. 14,
P.S.- Narpatganj, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kishore Bharti, Adv
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Araria Excise P.S. Case No. 481 of 2025, registered for the
offence punishable under Sections 30(a) of Bihar Prohibition
and Excise (Amendment) Act, 2018.
3. The case of the prosecution, in short, is that on
23.12.2025, the informant along with a raiding team, was
checking vehicles on the road coming from Chakdaha Santhal
Tola under Narpatganj Police Station. During this operation,
when a motorcycle was pointed out, it attempted to flee.
However, with the help of the police, it was apprehended. The
apprehended person identified himself as Vishnu Kumar Rai.
Subsequently, 12 liters of illicit liquor was recovered from a
Patna High Court CR. MISC. No.10827 of 2026(2) dt.17-02-2026
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sack tied to the rear seat of the said motorcycle, for which a
seizure list was prepared.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He further submits that the petitioner has been
implicated because he is the owner of the seized vehicle.
Nothing has been recovered from the conscious physical
possession of the petitioner. He further submits that the
petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that no recovery has been
made from the conscious physical possession of the petitioner
and he has simply been implicated because he is the owner of
the seized vehicle and also taking into account the fact that the
petitioner has clean antecedent, this Court is inclined to grant
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned District and Additional
Patna High Court CR. MISC. No.10827 of 2026(2) dt.17-02-2026
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Session Judge-cum-Exclusive Special Excise Judge-II, Araria in
connection with Araria Excise P.S. Case No. 481 of 2025,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 as also further
condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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