Patna High Court
Baban RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties, and verification of criminal antecedents.
Summary
The petitioners, Baban Ray and his son Sonu Kumar, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of liquor and Mahua. They contended that no contraband was found in their possession and that the accusation stemmed from a hostile chowkidar, questioning the propriety of the investigation. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 and two sureties, invoking Section 482(2) of the CrPC, and directed verification of their criminal antecedents. The order stipulated that if more than three prior cases are confirmed, the bail would not be confirmed, otherwise it would be affirmed. The decision balances the petitioners' right to liberty with the need to ensure they are not repeat offenders.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act.
- Whether the lack of recovery of contraband from the accused precludes arrest.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- Section 482 CrPC
- criminal antecedent
- FIR
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24559 of 2026
Arising Out of PS. Case No.-1240 Year-2025 Thana- SONEPUR District- Saran
======================================================
1. Baban Ray Son of Late Gati Ray Resident of village - Rahimpur, P.O. and
P.S.- Sonepur, District - Saran (Chapra), Bihar
2. Sonu Kumar Son of Baban Ray Resident of village - Rahimpur, P.O. and
P.S.- Sonepur, District - Saran (Chapra), Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar
For the Opposite Party/s : Ms. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of three cases under the Excise Act
and allegation is of recovery of 200 litres of liquor from a place
near bank of Ganga river along with 10,000 litres of Mahua pass
which was destroyed. It is next submitted that petitioners were
not arrested from the spot as such nothing was recovered from
their conscious possession and even alleged recovery is from a
Patna High Court CR. MISC. No.24559 of 2026(2) dt.18-04-2026
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place which does not belong to the petitioners and is accessible
to villagers at large and they came to be implicated at the
instance of chowkidar with whom they are on an inimical term.
It is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation. It
is next submitted that if chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand)
each 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 Sonepur P.S. Case No.1240/2025,
subject to the conditions as laid down under Section 482 (2) of
Patna High Court CR. MISC. No.24559 of 2026(2) dt.18-04-2026
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the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
more than three cases, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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