Patna High Court
Jay Kishor RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Jay Kishor Ray sought anticipatory bail fearing arrest in a case (Kaluahi PS Case No. 120 of 2025) under sections 274, 275, 317(4) and 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act, based on a police seizure of 3.315 litres of Nepali liquor from a motorcycle allegedly linked to him. The petitioner contended that the motorcycle had been stolen a year earlier, that he had no possession of the liquor, and that he possessed no criminal antecedent. The State argued that the motorcycle was still registered in the petitioner’s name, implying his involvement. Relying on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar (2019) which allows anticipatory bail despite the Section 76(2) bar when no offence is made out, the court examined the submissions. Considering the lack of antecedent and the cited precedent, the court granted anticipatory bail with a set of stringent conditions. The order directed the petitioner to surrender within four weeks, furnish bail bond and sureties, and comply with attendance and conduct requirements.
Issues considered
- Whether anticipatory bail can be granted in a case arising under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s alleged ownership of the motorcycle establishes a prima facie case against him.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 317(4), 3(5)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- stolen vehicle
- criminal antecedent
- Section 76(2) bar
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20771 of 2026
Arising Out of PS. Case No.-120 Year-2025 Thana- KALUAHI District- Madhubani
======================================================
Jay Kishor Ray Son of Shivjee Ray Resident of Village - Sonpatahi, P.S. -
Babubarhi, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman, Advocate
For the State : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kaluahi P.S. Case No. 120 of 2025 for the
offence under sections 274, 275, 317(4) and 3(5) of the B.N.S.
and section 30(a) of the Bihar Prohibition and Excise Act
lodged on 12.07.2025 by the informant, Rajendra Kumar
Chaurasiya.
3. As per the prosecution story, the Police on secret
information intercepted a motorcycle and there is
recovery/seizure of 3.315 liter Nepali liquor. This led to the
FIR.
4. Learned counsel for the petitioner submits that he
owns the motorcycle but it was stolen a year ago, however, he
Patna High Court CR. MISC. No.20771 of 2026(2) dt.08-04-2026
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failed to lodge the F.I.R., nothing has been recovered from his
conscious possession nor he has criminal antecedent.
5. Further, learned counsel for the petitioner relied
on the judgment of the Full Bench of Hon’ble Patna High
Court in the case of Ram Vinay Yadav vs. State of Bihar
reported in 2019 (2) PLJR 1089 wherein it has been held that
an application for anticipatory bail in a case arising out of
Bihar Excise and Prohibition Act can be maintained, despite
the bar under Section 76(2) of the Act, if on the basis of
allegation made in the FIR, no offence under the said provision
is made out.
6. Learned APP opposes the prayer submitting that
on the date of occurrence, the motorcycle was in his name.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner do not have criminal antecedent, in that
background, this Court is inclined to extend him the privilege
of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
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satisfaction of learned Exclusive Special Judge Excise,
Madhubani in connection with Kaluahi P.S. Case No. 120 of
2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall
be submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
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(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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