Patna High Court

Devkant RayversusThe State of Bihar

Decided: 8 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties and verification of his antecedent.

Summary

Devkant Ray was implicated in an excise case for the alleged recovery of 275.26 litres of liquor from a godown and two vehicles, although no liquor was found in his immediate possession and he was not arrested at the spot. He contended that he was unaware of the misuse of his vehicle by a co‑accused named Alok and that he has a clean criminal antecedent. The State opposed his request for anticipatory bail. The Court examined the lack of direct possession, the petitioner’s ownership of the vehicle, and his clean record, and decided to grant provisional anticipatory bail subject to a modest bail bond, two sureties, and verification of his antecedent. The order conditions that if any prior case is discovered, the bail will not be confirmed, but if the antecedent remains clean, the provisional bail will be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of the excise case
Whether ownership of a vehicle used in the alleged offence makes the owner liable for bail considerations
Whether a clean criminal antecedent is a prerequisite for granting anticipatory bail

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
vehicle ownership
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23132 of 2026
                        Arising Out of PS. Case No.-280 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Devkant Ray S/O Jai Lal Ray R/O Ward no. 3, Lakhanpur, Tal Desrai, Dist.-
                 Vaishali- 844504

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Amrit Abhijat
                 For the Opposite Party/s :         Mr.Kanhiya Kishor
                 ======================================================
                 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 offences punishable under Sections 30(a), 32

                   and 41(i) of the Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 275.26 litres of liquor from a godown and two

                   different vehicles.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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 one of the

                   seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.23132 of 2026(2) dt.08-04-2026
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          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated, it is further submitted that petitioner was completely

          unaware that Alok would misuse the vehicle in the manner as

          alleged, who was also apprehended from the spot along with

          three named accused.

                   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. 500/- (Rupees Five Hundred) 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 Patna Excise P.S. Case No. 280 of 2026, 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 even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.23132 of 2026(2) dt.08-04-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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