Patna High Court
Ramratan RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Ramratan Ray, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 54 litres of liquor from a bush adjacent to his house. He argued that he was not arrested on the spot, that the liquor was not in his conscious possession, and that the case was based on secret information without proper investigation. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.35,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. The order stipulated that if the petitioner is found to have more than seven prior cases, the bail would not be confirmed; otherwise, it would be confirmed. The decision was based on the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in the context of the alleged excise offence.
- Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25814 of 2026
Arising Out of PS. Case No.-88 Year-2025 Thana- RATANPUR District- Supaul
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Ramratan Ray Son of Sahdev Ray Resident of Village- Piprahi, Ward No. 01,
P.S.- Ratanpura, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases out of which three cases
are under the Excise Act and allegation is of recovery of 54
litres of liquor from a bush behind the house of the petitoiner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and he came to be implicated
based on the secret information which is the easiest way to
Patna High Court CR. MISC. No.25814 of 2026(2) dt.22-04-2026
2/3
implicate someone. It is further submitted that once an accused
is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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.35,000/-
(Rupees Thirty-Five Thousand) 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
Ratanpura P.S. Case No. 88 of 2025, 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 more than
seven cases, it would be presumed that petitioner had concealed
Patna High Court CR. MISC. No.25814 of 2026(2) dt.22-04-2026
3/3
his 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 has antecedent of only seven cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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