Patna High Court
Raj Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court conditionally ordered that pre‑arrest bail be granted if the motorcycle is not registered to the petitioner, is not stolen, and the petitioner has no adverse criminal antecedents, subject to a bail bond and statutory conditions.
Summary
Petitioner Raj Kumar Ray applied for pre‑arrest bail in a case (Tilkeshwar P.S. Case No. 13 of 2026) alleging that six litres of foreign liquor were recovered from a motorcycle, constituting an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, had no connection with the liquor, the vehicle, or the alleged trade, and that the seizure occurred in a public place. The State opposed the bail. The High Court directed the District Court to obtain a report from the District Transport Officer to confirm that the motorcycle is neither registered in the petitioner’s name nor stolen, and to verify the petitioner’s criminal antecedents. If the vehicle is not linked to the petitioner and he has no adverse antecedents, he may be released on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 438(2) Cr.P.C. and Section 482(2) BNSS conditions. The bail application was disposed with these conditional directions.
Issues considered
- Whether pre‑arrest bail can be granted in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged connection with the seized liquor and the motorcycle warrants denial of bail.
- Whether verification of vehicle registration and the petitioner’s criminal antecedents is necessary before granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- foreign liquor
- motorcycle registration
- Section 438 Cr.P.C.
- Section 482 Cr.P.C.
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25054 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Tilakeshwar District- Darbhanga
======================================================
Raj Kumar Ray Son of Surya Narayan Ray Resident of Village- Sughrain,
P.S.- Tilkeshwar, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad, Advocate.
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Tilkeshwar P.S. Case No. 13 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, as amended uptodate.
3. Allegation is of recovery of 6 litres of foreign
liquor from a motorcycle bearing Registration No. BR09J0984.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the case. He has no concern either with the seized liquor or
trade of liquor or the motorcycle in question in any manner. The
place of recovery is an open place which is accessible to
anyone.
Patna High Court CR. MISC. No.25054 of 2026(2) dt.22-04-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., learned District Court is directed to obtain report
from the District Transport Officer concerned and if it is
found that the motorcycle in question is not registered in the
name of the petitioner and not a stolen one, then in that case,
the petitioner, above named, be released on pre-arrest bail, in the
event of his arrest or surrender before the Court below within a
period of four weeks from today, on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned District Court where the case
is pending in connection with Tilkeshwar P.S. Case No. 13 of
2026, subject to the condition as laid down under Section 438(2)
of the Cr.P.C / Section 482 (2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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