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Patna High Court

Rajiv Ray @ Rajiv Kumar @ Botla @ Rajeev RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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