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Patna High Court

Saheb RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner's antecedents.

Summary

Saheb Ray, the owner of a vehicle from which 72.75 litres of liquor was seized, faced an accusation under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he had a clean criminal record, was not in conscious possession of the liquor, and that the alleged misuse was by his driver, who fled the scene. The State opposed his application for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is found, the bail will not be confirmed; if his antecedents are clean, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted to the vehicle owner when liquor is seized from his vehicle.
  • Whether ownership of the vehicle implicates the owner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the lack of conscious possession and the driver's alleged misconduct justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • vehicle ownership
  • liquor seizure
  • Section 30
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23806 of 2026
                         Arising Out of PS. Case No.-739 Year-2024 Thana- MANER District- Patna
                 ======================================================
                 Saheb Ray S/o Navab Ray Resident of Village- Amanabad, Katesar, P.S.-
                 Bihta, District- Patna, Pin Code- 801103, Bihar (Owner of the seized vehicle
                 bearing registration number as BR-01GC-4217)
                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Danish Sami, Advocate
                 For the Opposite Party/s :        Ms. Asha Devi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-04-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 72.75 litres of liquor from an auto.

                                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 petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is next submitted that no prudent
Patna High Court CR. MISC. No.23806 of 2026(2) dt.09-04-2026
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          person would use his own vehicle for committing an occurrence

          and, thus, would create evidence against himself and, hence,

          would get implicated. It is also submitted that petitioner was

          completely unaware that his driver to whom he had given the

          auto on monthly basis would misuse the vehicle in the manner

          as alleged who also fled from the spot.

                       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.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 Maner P.S. Case

          No. 739 of 2024, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the 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 even one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.23806 of 2026(2) dt.09-04-2026
                                                       3/3




                     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 is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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