Patna High Court
Saheb RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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