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Patna High Court

Umal RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Umal Ray, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, involving the recovery of 180 litres of liquor from his cattle shed and 21 litres from another hut. The petitioner argued that the liquor was not in his conscious possession, the cattle shed is a public area, and that the seizure was orchestrated by persons hostile to his family. The State opposed the bail, citing the petitioner’s prior two cases under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.10,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged possession of illicit liquor under the Excise Act and Sections 274/275 of the Bihar Narcotic Substances Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the location of the alleged liquor (cattle shed) and lack of conscious possession justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26333 of 2026
                     Arising Out of PS. Case No.-335 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Umal Ray S/o Late Shivnandan Rai @ Shinandan Rai R/o vill - Mallikpur,
                 P.S.- Raghopur/Rustampur, Distt.- Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 274 and 275 of the B.N.S. and Sections 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases under the Excise Act

                   and allegation is of recovery of 180 litres of liquor from cattle-

                   shed of petitioner and 21 litres of liquor from hut of Dinesh Rai.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and cattleshed is a

                   place outside the house and is accessible to public at large. It is
Patna High Court CR. MISC. No.26333 of 2026(2) dt.22-04-2026
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          next submitted that no prudent person would use his own

          premises for committing a crime and thus, would create

          evidence against himself and hence, would get implicated. It is

          also submitted that it appears someone inimical to the family

          concealed the liquor in the cattleshed of the petitioner with an

          intent to implicate the entire family members and the petitioner

          came to be implicated based on secret information, which is the

          easiest way to implicate someone without holding a proper

          investigation, more so when an accused has antecedent under

          the Excise Act.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.10,000/- (Rupees Ten 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 Raghopur P. S. Case No.335 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.26333 of 2026(2) dt.22-04-2026
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                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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