Patna High Court
Rajiv Ray @ Rajiv Kumar @ Botla @ Rajeev RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to a Rs.30,000 bond and conditions under the BNSS, 2023.
Summary
The petitioner, Rajiv Ray, feared arrest in a case involving the alleged recovery of 8.370 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that no liquor was found in his possession and that he has a clean criminal record. The State opposed his request for anticipatory bail. The High Court, considering the facts, granted anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 as per Section 2(1)(d) of the BNSS, 2023 and comply with conditions under Section 482(2) of the same Act. The court also directed the trial court to verify the petitioner’s antecedent and cancel the bail if any concealment is discovered. The order ensures the petitioner’s release pending any arrest or surrender within four weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS 2023
- Section 30
- Section 482
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15821 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- PARSAUNI District- Sitamarhi
======================================================
Rajiv Ray @ Rajiv Kumar @ Botla @ Rajeev Ray S/o Ramshresth Ray R/o
Village - Parsurampur, P.S.- Parsauni, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Parsauni P.S. Case No. 27 of 2026, dated 29.01.2026,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution, total recovery of 08.370
litres of illicit liquor has been made, which is the subject matter
of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. Furthermore, he submits that the criminal
antecedent of the petitioner is clean.
Patna High Court CR. MISC. No.15821 of 2026(2) dt.25-03-2026
2/2
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Court No.-II, Sitamarhi,
in connection with Parsauni P.S. Case No. 27 of 2026, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. It is further directed that the Trial Court shall verify
the criminal antecedent of the petitioner, and in case it is found
at any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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