Patna High Court
Sanjog RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
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
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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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