Patna High Court
Jalim Ray @ Jalim RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 317(5), 482(2), 51, 52
- Excise Act — s. 30(a)
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
3/3
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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