Patna High Court
Sanjiv Ray @ Sanjiv Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner under Section 482(2) of the BNSS, subject to verification of his criminal antecedent.
Summary
The petitioner, Sanjiv Ray, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise Act for alleged recovery of 2,697.69 litres of liquor from a truck. He has a criminal antecedent of twenty‑four cases, fourteen of which are under the Excise Act, and was implicated as the owner of the seized vehicle based on secret information rather than being caught in possession. The State opposed the bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs.96,000 with two sureties and directed the trial court to verify the petitioner’s antecedent; if more than twenty‑four cases are confirmed, the bail would not be confirmed. The order is subject to verification and possible confirmation thereafter.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act based on the petitioner’s alleged involvement and prior criminal antecedent.
- Whether the petitioner’s antecedent of twenty‑four cases affects the grant or confirmation of anticipatory bail.
- Whether the basis of implication (ownership of the truck and secret information) suffices to deny anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- Section 482
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22077 of 2026
Arising Out of PS. Case No.-756 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Sanjiv Ray @ Sanjiv Ranjan Kumar S/O Jiyalal Ray @ Jiyalal Prasad Yadav
Resident of Village - Mohammadpur, P.S- Paroo, Dist- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 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 offences punishable under Sections 30(a),
32(1), 32(2), 36, 41(1) and 41(2) of the Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of twenty four cases out of which
fourteen cases are under the Excise Act and allegation is of
recovery of 2697.690 liters of liquor from a truck.
4. Learned counsel for the petitioner submits that the
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized truck
Patna High Court CR. MISC. No.22077 of 2026(2) dt.07-04-2026
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and he came to implicated based on secret information which is
the easiest way to implicate someone, it is also submitted that
once an accused is implicated in a case relating to Excise, the
police starts implicating mechanically either at the instance of
chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 96,000/- (Rupees Ninety Six
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 Sahebganj P.S. Case
No. 756 of 2025 subject to the conditions as laid down under
Section 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
in the event if it is found that petitioner has antecedent of more
than twenty four cases then it would be presumed that petitioner,
Patna High Court CR. MISC. No.22077 of 2026(2) dt.07-04-2026
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for the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of twenty
four cases, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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