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Patna High Court

Jalim Ray @ Jalim RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

Jalim Ray applied for anticipatory bail in a case registered under Section 30(a) of the Excise Act and Sections 317(5), 51 and 52 of the Bihar Narcotic Substances Act, alleging recovery of 220.5 litres of liquor from three motorcycles. The petitioner, who has three prior criminal cases (two under the Excise Act), contended that he was not arrested at the scene, did not possess the seized vehicles, and was implicated through a hostile watchman, raising doubts about the investigation. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to Section 482(2) of the BNSA and verification of his criminal antecedent. The order also stipulated that if more than three prior cases are found, the bail would not be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s prior criminal antecedents disqualify him from obtaining anticipatory bail.
  • Whether the allegations under the Excise Act and BNSA warrant arrest pending trial.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Bihar Narcotic Substances Act
  • liquor seizure
  • criminal antecedent
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30951 of 2026
                        Arising Out of PS. Case No.-75 Year-2026 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Jalim Ray @ Jalim Rai Son of Sukan Rai Resident of Village- Jamla, P.S.-
                 Suppi, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ritesh Kumar Narain Singh
                 For the Opposite Party/s :        Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act and Sections 317(5), 51 and 52

                   of the B.N.S.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases out of which two

                   cases are under the Excise Act and allegation is of recovery of

                   220.5 litres of liquor from three motorcycles.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicle and he came to be implicated at the
Patna High Court CR. MISC. No.30951 of 2026(2) dt.07-05-2026
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          instance of Chaukidar with whom he is on an inimical term. It is

          further submitted that if Chaukidar was aware of the

          involvement of the petitioners in the occurrence, then why he

          did not inform the police prior to institution of the present F.I.R.,

          which casts an aspersion on the case of the prosecution. It is

          next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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 Suppi P. S. Case No.75 of 2026, subject to the conditions

          laid down under Section 482(2) of the BNNS.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.30951 of 2026(2) dt.07-05-2026
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                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner 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

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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