Patna High Court
Vijay RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail for the petitioners, subject to bond, sureties, and verification of their criminal antecedent.
Summary
The petitioners Vijay Ray, Bittu Kumar and Bharat Kumar sought anticipatory bail after learning that they might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 200 litres of liquor from a CNG auto. They argued they have clean antecedents, were not arrested on the spot, did not own the vehicle, and that the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioners furnishing a bail bond of Rs.500 with two sureties and subject to verification of their criminal antecedent by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in the case registered under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- provisional bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30892 of 2026
Arising Out of PS. Case No.-182 Year-2026 Thana- MALSALAMI District- Patna
======================================================
1. Vijay Ray S/O Jitendra Ray R/O Damrahi Ghat (Damriyahi Ghat), P.S-
Malsalami, Dist.- Patna.
2. Bittu Kumar S/O Manoj Ray R/O Damrahi Ghat (Damriyahi Ghat), P.S-
Malsalami, Dist.- Patna.
3. Bharat Kumar S/O Vijay Ray R/O Damrahi Ghat (Damriyahi Ghat), P.S-
Malsalami, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 200 litres of liquor from a CNG Auto.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession. It is further
submitted that petitioners are not owners of the seized vehicle
Patna High Court CR. MISC. No.30892 of 2026(2) dt.07-05-2026
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and came to be implicated at the instance of the local person but
then it is submitted that the name of the person, who disclosed
the name of the petitioners, is not disclosed in the FIR which
casts an aspersion on the case of the prosecution, when
petitioners have not been implicated based on the secret
information and are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their 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) each 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
Malsalami P.S. Case No. 182 of 2026, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioners have antecedent of even one
Patna High Court CR. MISC. No.30892 of 2026(2) dt.07-05-2026
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case, it would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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