Patna High Court
Rakesh Kumar Ray @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as the petitioner has no criminal antecedent and no contraband was found in his possession, subject to conditions.
Summary
The petitioner, Rakesh Kumar Ray, sought anticipatory bail fearing arrest in a case alleging possession of 108 litres of Nepali liquor seized from his motorcycle, invoking sections 274, 275 and 317(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act. He contended that the motorcycle had been stolen and that he had no criminal antecedent. The prosecution relied on the informant’s FIR, while the respondent argued ownership of the motorcycle and the absence of a lodged FIR. Relying on the precedent of Ram Vinay Yadav v. State of Bihar, the court held that anticipatory bail could be granted despite the bar under Section 76(2) of the Excise Act where no offence is made out. Consequently, the court granted anticipatory bail with stringent conditions, reserving the right to cancel it if a criminal antecedent is later discovered.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar in Section 76(2)?
- Whether the petitioner’s claim of a stolen motorcycle and lack of criminal antecedent preclude the grant of bail.
- Whether the allegations in the FIR constitute a cognizable offence warranting denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 317(5)
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 76(2)
- stolen vehicle
- criminal antecedent
- bail conditions
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31290 of 2026
Arising Out of PS. Case No.-460 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Rakesh Kumar Ray @ Rakesh Kumar S/O Ramashish Ray Resident of
Village- Beraghat, Sugauna Uttari, Police Station- Rajnagar, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 07-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Jaynagar P.S. Case No. 460 of 2025 for the
offence under sections 274, 275 and 317(5) of the BNS and
section 30(a) of the Bihar Prohibition and Excise Act lodged on
26.12.2025 by the informant, Shyam Singh.
3. As per the prosecution story, the informant alleged
that after interception of motorcycle, there is recovery/seizure of
108 liters of Nepali liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that his
motorcycle was stolen and it was used by the accused person to
commit crime and he do not have any criminal antecedent.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.31290 of 2026(2) dt.07-05-2026
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the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
owns the motorcycle and there is nothing on record that he
lodged the FIR.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner do not have any criminal antecedent and
nothing has been recovered from his conscious possession, in
that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
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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 Judge, Excise Act,
Madhubani in connection with Jaynagar P.S. Case No. 460 of
2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner 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;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner 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.
(Rajiv Roy, J)
Adnan/-
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