Patna High Court
Manjay Ray @ Banar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bond and conditions, finding no sufficient ground to deny bail.
Summary
Manjay Ray sought anticipatory bail in a case where 150 litres of illicit country-made liquor were recovered, of which 130 litres were allegedly found at an open bush behind a temple. The petitioner has three prior similar offences and is currently on bail in those matters. The prosecution opposed bail, citing the antecedents, while the petitioner argued lack of constructive possession and willingness to cooperate. The court noted that the recovery occurred in a public place, not under the petitioner's control, and that prior antecedents alone do not bar anticipatory bail. Accordingly, the court granted anticipatory bail, subject to a Rs.10,000 bond, two sureties, and specific conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted despite the petitioner’s three prior similar offences.
- Whether the recovery of liquor from an open public place negates constructive possession by the petitioner.
- Whether Section 30(a) of the Bihar Excise and Prohibition Act and Section 482(2) of the BNSS permit the grant of anticipatory bail in these circumstances.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- Bihar Negotiable Sale and Service Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- constructive possession
- prior criminal antecedents
- bail conditions
- Bihar Excise and Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27456 of 2026
Arising Out of PS. Case No.-638 Year-2022 Thana- DARIYAPUR District- Saran
======================================================
Manjay Ray @ Banar Ray, Son of Jainath Ray, R/o Vill- Parasawana, P.S. -
Parsa, Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Adv.
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-05-2026 Heard Mr. Nalin Kumar, learned counsel for the
petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Dariyapur P.S. Case No. 638 of 2022 for the
offence punishable under sections 30 (a) of the Bihar Excise
and Prohibition Act, lodged on 27.11.2022 by the informant.
3. As per the prosecution case, there has been
recovery of altogether 150 litres of illicit country-made liquor
allegedly from two places.
4. Learned counsel for the petitioner submits that
altogether 150 litres of illicit country-made liquor is said to have
been recovered from two places. Learned counsel for the
petitioner submits that this petitioner is connected with recovery
of 130 litres of illicit country-made liquors which is said to have
Patna High Court CR. MISC. No.27456 of 2026(3) dt.13-05-2026
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been recovered from a bush behind Shiv Mandir which is an
open place and accessible to general public and the petitioner
has three antecedents akin to the instant case and is on bail in all
those three cases. The learned counsel of the petitioner submits
that the petitioner is ready to cooperate with the investigation
and would abide by the terms and conditions as imposed by this
Court.
5. Learned APP opposes the prayer submitting that
the petitioner has got three criminal antecedents of similar
nature. Hence, he does not deserve the privilege of anticipatory
bail.
6. Considering the fact that the recovery has not been
made from the constructive possession of this petitioner and the
place from where the recovery of illicit country-made liquor has
been made, is an open place accessible to all, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Exclusive Special Excise
Court-I, Saran at Chapra in connection with aforesaid PS Case,
Patna High Court CR. MISC. No.27456 of 2026(3) dt.13-05-2026
3/3
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his bail bond by
the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Ajit Kumar, J)
perwez/Suryadev
U T
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