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Patna High Court

Bhuneshwar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Bhuneshwar Ray, sought anticipatory bail fearing arrest in a case under Sections 30, 30(a) and 38 of the Bihar Prohibition and Excise Act, where 25.200 litres of illicit foreign liquor was seized from a motorcycle. He contended that he was neither the owner nor the driver of the vehicle and that no incriminating article was found in his possession, asserting his innocence despite a prior similar case for which he was on bail. The State opposed the grant of anticipatory bail. The Court, noting the absence of any seized article from the petitioner’s conscious possession and the nature of the accusation, allowed the anticipatory bail. The order directed that, if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 30, 30(a) and 38 of the Bihar Prohibition and Excise Act.
  • Whether the lack of possession of the seized liquor by the petitioner justifies anticipatory bail.
  • Whether conditions under Section 482(2) of the B.N.S.S. are applicable to the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 482
  • Criminal Procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21019 of 2026
                     Arising Out of PS. Case No.-164 Year-2019 Thana- AWTARNAGAR District- Saran
                 ======================================================
                 Bhuneshwar Ray S/O Baijnath Ray Resident of Village- Santha P.S.- Awtar
                 Nagar, District- Saran.

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Gajendra Nath Ojha, Advocate
                 For the State           :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 30, 30(a)

                   and 38 of the Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 25.200 litres illicit foreign

                   liquor was recovered from the seized motorcycle.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   Petitioner is neither owner nor driver of the vehicles in question.

                   No incriminating article has been recovered from conscious

                   possession of this petitioner and has been made an accused in

                   this case merely on suspicion. Petitioner has got one criminal
             Patna High Court CR. MISC. No.21019 of 2026(2) dt.05-05-2026
                                                         2/2




                       antecedent of similar nature in which he is already on bail.

                                     5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the nature of accusation and the fact

                       that no incriminating article has been recovered from conscious

                       possession of this petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned 1st Special Judge Excise

                       Judge, Saran in connection with Awtar Nagar P.S. Case No. 164

                       of 2019, subject to condition as laid down under Section 482(2)

                       of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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