Patna High Court
Arvind Ray @ Arvind Rai @ Arvind Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent cases.
Summary
The petitioner, Arvind Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 243 litres of liquor from a vehicle. He contended that he was not caught in possession, was not the owner of the seized vehicle, and that the investigation was mechanically based on statements from a chowkidar without proper inquiry. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It stipulated that if more than three prior cases are found, the bail would not be confirmed; if only three, the bail would be confirmed. The petitioner also agreed to deposit Rs.2,500 with the Advocates’ Association.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in a case under the Bihar Excise Act.
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.
- Whether the police investigation was sufficient to justify arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- police investigation
- criminal antecedent
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2927 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
Arvind Ray @ Arvind Rai @ Arvind Kumar Rai son of Ramlakhan Ray
Resident Of Village- Chhitahi Hanumannagar, Ps -Bhaptiyahi, District-
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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
petitioner has antecedent of two cases out of which two cases
are under the excise act and allegation is of recovery of 243
liters of liquor from a car.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and came to be implicated at the
Patna High Court CR. MISC. No.2927 of 2026(2) dt.28-01-2026
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instance of local person and Chowkidar. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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 before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen 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
Bhaptiyahi P.S. Case No. 183 of 2025 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 more than
three cases 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
Patna High Court CR. MISC. No.2927 of 2026(2) dt.28-01-2026
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shall not be confirmed, but after verification if it is found that
petitioner has antecedent of three cases only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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