Patna High Court
Umal RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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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