Patna High Court
Manish Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
Manish Kumar Ray applied for anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 170 litres of spirit and 2 litres of spurious liquor from the house of Sachin Ray. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, he has no relationship with Sachin Ray and the FIR does not disclose the informant, making the prosecution’s case weak. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and compliance with Section 438(2) Cr.P.C. and Section 482(2) of the BNSS, and directed the trial court to verify the petitioner’s criminal antecedent before confirming the bail. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The petitioner also undertook to deposit Rs 5,000 with the Patna High Court Lawyers’ Association.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences and his antecedent record.
Legislation cited
- BNS — s. 274, 275
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- spurious liquor
- criminal antecedent
- Section 438 CrPC
- Section 482 BNSS
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2028 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- SARAI RANJAN District- Samastipur
======================================================
Manish Kumar Ray Son of Ram Udesh Ray @ Udesh Ray @ Ramudesh Ray
Resident of village - Baruna Rasalpur, Police Station - Sarairanjan, District -
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Nityanand, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 Sections 274 and
275 of the BNS as well as Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 170 litres of spirit along with 2 litres
of spurious liquor from the house of Sachin Ray.
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
Patna High Court CR. MISC. No.2028 of 2026(2) dt.27-01-2026
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and he has no concern or relation with Sachin Ray. It is further
submitted that petitioner came to be implicated at the instance of
the local person but then the name of the person who disclosed
the name of the petitioner is not disclosed in the FIR which casts
an aspersion on the case of the prosecution. It is next submitted
that off late the police have started implicating accused in
excises cases who has antecedent.
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 before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten 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
Sarairanjan P.S. Case No. 202 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
Patna High Court CR. MISC. No.2028 of 2026(2) dt.27-01-2026
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it is found that petitioner has antecedent of more than two 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 two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with the Lawyers’ Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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