Patna High Court
Shivchandra Ray @ Shivchandra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to prescribed conditions.
Summary
Shivchandra Ray and Vijay Ray applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 1163.7 litres of illicit liquor were recovered. The prosecution alleged their involvement, but the petitioners argued that no incriminating material was found on them and they have a clean criminal record. The State opposed the bail, citing the seriousness of the offence. The Court, considering the nature of the accusation, the place of recovery, and the petitioners' clean antecedent, granted anticipatory bail. The order directed that if arrested within eight weeks, they be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material on the petitioners and their clean antecedent justify granting anticipatory bail.
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita may be imposed on the anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- clean antecedent
- bail bond
- sureties
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17416 of 2026
Arising Out of PS. Case No.-234 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
1. Shivchandra Ray @ Shivchandra Kumar S/O Devilal Ray Resident of
village- Dubarbana, P.S.- Rampurhari, Dist.- Muzaffarpur.
2. Vijay Ray @ Vijay Kumar S/O Devilal Ray Resident of village- Dubarbana,
P.S.- Rampurhari, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 1163.7 litres illicit liquor
was recovered from the roadside.
4. Learned counsel for the petitioners submits that no
incriminating material has been recovered from conscious
possession of these petitioners and they are not concerned with
the alleged recovery. Names of these petitioners transpired
during investigation. Petitioners claim clean criminal
Patna High Court CR. MISC. No.17416 of 2026(2) dt.01-04-2026
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antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, place of
recovery and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their arrest/surrender before the court below within a period
of eight weeks from today, be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of learned Special
Judge Excise, Court No. II, Muzaffarpur in connection with
Rampurhari P. S. Case No. 234 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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