Created by Fuzzy Cloud

Patna High Court

Arvind Ray @ Arvind KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to conditions, pending verification of the petitioner’s antecedent.

Summary

The petitioner, Arvind Ray, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 141.840 litres of liquor from a location adjacent to his house. He argued that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, contending that the allegations warranted arrest. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be revoked, but if the petitioner is found clean, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
  • Whether the absence of recovery from the petitioner’s conscious possession and the omission of the informant’s name in the FIR affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482
  • clean antecedent
  • conscious possession
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26596 of 2026
                     Arising Out of PS. Case No.-83 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Arvind Ray @ Arvind Kumar S/O Panchhi Ray Resident of Village-
                 Damodarpur, P.S. -Paroo, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rajeev Ranjan No. Ii
                 For the Opposite Party/s :         Mr.Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 141.840 litres of liquor from a place adjacent to wall

                   of toilet situated behind the house of the petitioner and Ajay

                   Kumar Pratap.

                             4.     Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.26596 of 2026(2) dt.23-04-2026
                                            2/3




          but then is adjacent to his house and he came to be implicated at

          the instance of local people, but then the name of the person,

          who disclosed the name of the petitioner, is not disclosed in the

          FIR, which casts an aspersion on the case of the prosecution,

          when petitioner has not been implicated based on secret

          information.

                   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 for the petitioner, 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. 500/- (Rupees Five Hundred) 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 Excise P.S. Case No. 83 of 2026 subject to the

          conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.26596 of 2026(2) dt.23-04-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.