Patna High Court
Raj Kishor RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bonds, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Raj Kishor Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 306 litres of liquor from a public area near the Bagmati river. He argued that the liquor was not in his possession, the location did not belong to him, and the complaint originated from a hostile chowkidar, raising doubts about the prosecution's case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.20,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedent within six weeks. It further held that if more than four prior cases are found, the bail would not be confirmed; if only four are found, the bail would be confirmed. The order is subject to the provisions of Section 482(2) of the BNSS and verification by the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- criminal antecedent
- liquor recovery
- public place
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11115 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- SUPPI District- Sitamarhi
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Raj Kishor Ray S/o Late Jagarnath Ray R/o vill - Sonakhan, P.S.- Suppi,
Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 306 liters of liquor from a place near
bank of Bagmati river.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.11115 of 2026(2) dt.15-04-2026
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at the instance of Chowkidar with whom he is on an inimical
term. It is also submitted that if Chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is also
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 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.
20000/- (Rupees Twenty 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 Suppi
P.S. Case No. 328 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
Patna High Court CR. MISC. No.11115 of 2026(2) dt.15-04-2026
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event if it is found that petitioner has antecedent of more than four
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of four cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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