Patna High Court
Vinod RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Vinod Ray was named as an accused in a case involving the alleged seizure of 198 litres of illicit liquor, with charges under several sections of the Indian Penal Code and the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the vehicles from which the liquor was seized, that no incriminating material was found in his possession, and that he has a clean antecedent. He applied for anticipatory bail, arguing that the accusation was based merely on suspicion. The State opposed the bail, but the Court, noting the lack of direct evidence against the petitioner and his clean record, granted anticipatory bail subject to a bail bond and sureties, and conditioned it on Section 482(2) of the B.N.S.S. The order directed that if arrested within eight weeks, the petitioner be released on bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and lack of direct evidence.
- Whether the petitioner’s claim of innocence and clean antecedents justify bail under the applicable provisions.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(2), 34, 36, 41(i)
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 307, 308, 34, 353, 414, 467, 468, 471
Subjects
- anticipatory bail
- illicit liquor
- Indian Penal Code
- Bihar Prohibition and Excise Act
- clean antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21666 of 2026
Arising Out of PS. Case No.-97 Year-2019 Thana- LALGANJ District- Vaishali
======================================================
Vinod Ray S/o Late Babulal Ray Resident of Village- Salempur, PS- Lalganj,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shyameshwar Kumar Singh, Advocate
For the State : Mr. Sanjay Kumar Sharma, 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 353, 467,
468, 471, 414, 307, 308 and 34 of the Indian Penal Code and
Sections 34, 36, 30(a), 32(2) and 41(i) of the Bihar Prohibition
and Excise Act.
3. As per prosecution case, 198 litres illicit liquor was
recovered from the seized vehicles.
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
Patna High Court CR. MISC. No.21666 of 2026(2) dt.05-05-2026
2/2
this case merely on suspicion. Petitioner claims clean
antecedents.
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, fact that no
incriminating article has been recovered from conscious
possession of this petitioner and clean antecedents, 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 Exclusive Special Excise
Court No. 1-cum-Additional District and Sessions Judge,
Vaishali at Hajipur in connection with Lalganj P.S. Case No. 97
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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