Patna High Court
Yugal Ray @ Yugal RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent.
Summary
The petitioner, Yugal Ray, was implicated in a case under Sections 30(a) and 47 of the Bihar Excise Act for the alleged recovery of 72 litres of liquor from a vehicle he owned. He argued that he had a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, asserting that he was unaware of any misuse of his vehicle. The State opposed his prayer for anticipatory bail. The Court considered the submissions and granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and verification of the petitioner’s criminal antecedent by the trial court. If the trial court finds a clean antecedent, the provisional order will be confirmed; otherwise, it will not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
- Whether the petitioner’s clean antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 47
- vehicle ownership
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15564 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- EXCISE PAKRIBARAWAN District-
Nawada
======================================================
Yugal Ray @ Yugal Raj Son of Hari Ray Resident of village Sijua, P.S.-
Tisari, District - Giridih (Jharkhand)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 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 30(a) and
47 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 72 liters of liquor from a car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.15564 of 2026(2) dt.16-03-2026
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
It is also submitted that petitioner was totally unaware that Hiro
would misuse the vehicle in the manner as alleged who was also
apprehended from the spot.
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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Excise Pakribarawan (Nawada) Case No. 16 of
2026 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 even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.15564 of 2026(2) dt.16-03-2026
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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