Patna High Court
Bhuar Ray @ Nirmal RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of antecedent and compliance with conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Bhuar Ray (Nirmal Ray), was implicated in a case under Sections 30(a) and 30(d) of the Bihar Excise Act for allegedly recovering 240 litres of liquor and 3000 litres of Mahua, which were later destroyed. He argued that nothing was recovered from his conscious possession, the alleged recovery site was public land, and the case was based solely on a confessional statement of an accused in police custody, which he claimed lacks evidentiary value. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioner’s criminal antecedent and compliance with Section 482(2) of the BNSS. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail is appropriate where alleged possession of excise contraband is not proven and the allegation rests on a confessional statement of an accused in custody.
- Effect of the 2018 amendment to the Bihar Excise Act on the concepts of deemed possession and presumed offender for anticipatory bail considerations.
- Whether Section 482(2) of the BNSS permits the grant of provisional anticipatory bail subject to verification of antecedents.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- deemed possession
- confessional statement
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26650 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- BABURA District- Bhojpur
======================================================
Bhuar Ray @ Nirmal Ray S/o Ramgyan Ray R/O Village - Raipur Bindgawa,
P.S - Doriganj, Dist. - Saran Chhapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Bhawana Jha
For the Opposite Party/s : Mr.Rabindra Kumar, APP
======================================================
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, Sri Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
30(d) 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 240 litres of liquor from two different bhhatti near
Ganga Diyara area along with 3000 litres of Mahua pass, which
was destroyed.
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.26650 of 2026(2) dt.23-04-2026
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and is accessible to public at large and he came to be implicated
based on confessional statement of apprehended-accused in
police custody which does not have any evidentiary value. It is
next submitted that after amendment in the Excise Act in the
year 2018, the concept of deemed possession and presumed
offender has been done away.
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 Babura P.S. Case No. 21 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
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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
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