Patna High Court
Santosh Ray @ Bavan Ray @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
Santosh Ray sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 270 litres of liquor from a mustard field owned by Munna Singh. The petitioner argued that he was not arrested on the spot, no liquor was found in his possession, and the alleged site did not belong to him; he also contended that the watchman (chawkidar) who implicated him had a hostile relationship with him and that the investigation was perfunctory. The State opposed the bail. The Court considered the petitioner's antecedent of five prior cases, three under the Excise Act, and applied the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling (B.N.S.S.) Act. It granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties of the same amount, and directed verification of the antecedent to confirm the order. If more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act
- Whether the petitioner’s criminal antecedent of five cases affects the grant of anticipatory bail
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- excise offence
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17204 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- AMNAUR District- Saran
======================================================
Santosh Ray @ Bavan Ray @ Santosh Kumar s/o- Surendra Ray @ Baharan
Ray R/v- Sheikhpura PS - Amnour Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which three cases
are under the Excise Act and allegation is of recovery of 270
litres of liquor from a mustard field of Munna Singh.
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 even the alleged
recovery is from a place which does not belong to the petitioner
and petitioner has no concern or relation with Munna Singh. It is
further submitted that petitioner came to be implicated at the
Patna High Court CR. MISC. No.17204 of 2026(2) dt.19-03-2026
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instance of the Chawkidar with whom he is on an inimical term.
It is next submitted that if the Chawkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to the institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise the police start implicating mechanically either
at the instance of the Chawkidar, local person, secret
information or confessional statement without holding a proper
investigation of the case.
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, let 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.25,000/- (Rupees Twenty-five
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 Amnaur P.S. Case
No. 15 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.17204 of 2026(2) dt.19-03-2026
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7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than five cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only five cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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