Patna High Court
Rajesh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Rajesh Ray, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, relating to alleged recovery of 170 litres of spirit and 2 litres of spurious liquor from another person's house. He argued that nothing was recovered from his possession, the alleged contraband was not on his premises, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offences. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the Bihar Negotiable Substances Act. The order stipulated that if more than two prior cases are found, the bail would be revoked, but if only two are confirmed, the bail would be affirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Negotiable Substances Act despite alleged involvement in excise offences.
- Whether the lack of recovery from the petitioner’s possession and omission of the informant’s name in the FIR affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- excise offences
- criminal antecedent
- Section 274 BNS
- Section 275 BNS
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1247 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- SARAI RANJAN District- Samastipur
======================================================
Rajesh Ray Son of Ram Bahadur Ray Resident of village - Baruna Rasalpur,
Police Station - Sarairanjan, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mahendra Pratap
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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 Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and allegation is of
recovery of 170 litres of spirit along with 2 litres of spurious
liquor from the house of Sachin Rai.
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 even the alleged
recovery is from a place which does not belong to the petitioner
and has no concern or relation with Sachin and he came to be
Patna High Court CR. MISC. No.1247 of 2026(2) dt.21-01-2026
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implicated at the instance of local people, but then the name of
the person, who disclosed the name of the petitioner is not
disclosed in the FIR, which casts an aspersion on the case of the
prosecution. It is further submitted that of late police has started
implicating accused in excise case who has antecedent.
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. 10,000/- (Rupees
Ten 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 Sarairanjan P.S. Case
No. 202 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 two
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
Patna High Court CR. MISC. No.1247 of 2026(2) dt.21-01-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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