Patna High Court
Alok Ray @ Dipak RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his antecedent.
Summary
The petitioner, Alok Ray, applied for anticipatory bail anticipating arrest in a case involving alleged offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, relating to the recovery of 26.1 litres of liquor from a motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, and did not have conscious possession of the seized vehicle, claiming the investigation was based on secret information. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The order also stipulated that the trial court verify the petitioner’s antecedent and confirm the bail if no prior cases are found, otherwise the bail would be cancelled.
Issues considered
- What is the applicability of Section 438(2) Cr.P.C. for granting anticipatory bail in the present case?
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of anticipatory bail?
- Whether the allegations under the Bihar Narcotic Substances Act and Excise Act warrant denial of anticipatory bail?
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- clean antecedent
- liquor seizure
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15570 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- Patauna District- Madhubani
======================================================
Alok Ray @ Dipak Ray S/o Banarasi Ray R/o - Ganguli, Ward No.07, P.S -
Benipatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Alias Ashok Karn
For the Opposite Party/s : Mr.Kanhaiya Kishore (App.100)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 26.1 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized motorcycle and he came to be implicated based on
secret information, which is the easiest way to implicate
Patna High Court CR. MISC. No.15570 of 2026(2) dt.16-03-2026
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someone without holding a proper investigation, when
admittedly petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Patauna P. S. Case No.108 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
Patna High Court CR. MISC. No.15570 of 2026(2) dt.16-03-2026
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not be confirmed, but if on verification, 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)
vikash/-
U T
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