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Patna High Court

Sanjog RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to verification of the petitioner’s criminal antecedent, with confirmation contingent on finding only a single prior case.

Summary

The petitioner, Sanjog Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 718.320 litres of liquor from a straw house he claims does not belong to him. He argued that no arrest was made at the spot, no liquor was found in his possession, and the FIR omitted the informant’s identity, casting doubt on the prosecution’s case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioner’s criminal antecedent. It directed that if the petitioner is found to have more than one prior case, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged offence involves recovery of liquor and no possession by the accused.
  • Whether the petitioner’s criminal antecedent, if more than one case, warrants denial of anticipatory bail.
  • Whether the non-disclosure of the informant in the FIR affects the validity of the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • CrPC Section 438
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22391 of 2026
                    Arising Out of PS. Case No.-192 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Sanjog Ray S/O Ramanand Ray R/O Vill.- Gurmi, P.S.- Mushahari, Dist.-
                 Muzaffarpur.
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026                   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 Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016 (Amended Act

                   2018/2022).

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 718.320 litres of liquor from the straw house of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that a specific assertion has been made at para 9 of the

                   anticipatory bail application that the straw house does not
Patna High Court CR. MISC. No.22391 of 2026(2) dt.08-04-2026
                                            2/3




          belong to the petitioner but then the police in a mechanical

          manner investigate and implicate. It is next submitted that off

          late police have started implicating accused having criminal

          antecedent in cases relating to excise for obvious reason. It is

          also submitted that in the FIR, it is alleged 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, when petitioner has not been implicated based

          on the secret information.

                       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 appearing on behalf of the petitioner, let 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.5,000/- (Rupees

          Five 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 Muzaffarpur

          Excise P.S. Case No. 192 of 2026, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./482(2) of the
           Patna High Court CR. MISC. No.22391 of 2026(2) dt.08-04-2026
                                                       3/3




                     B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than one

                     case, 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 one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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