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Patna High Court

Amarjit Ray @ Amrajit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Amarjit Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 100 litres of liquor. He argued he has a clean antecedent, was not in possession of the liquor, and was implicated due to a hostile chaukidar. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of the petitioner’s 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 Prohibition and Excise Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the petitioner’s alleged lack of possession and clean antecedent justify granting bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • bond and sureties
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34970 of 2026
                         Arising Out of PS. Case No.-921 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Amarjit Ray @ Amrajit Kumar S/o Chulai Ray Resident of Village- Hulasi
                 Tola, P.S.- Maner, District- Patna
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nikheel Kumar, Advocate
                 For the Opposite Party/s :        Mr. Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 100 litres of liquor from a place near diyara area.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated at the instance of the

                   Chawkidar with whom he is on an inimical term. It is next
Patna High Court CR. MISC. No.34970 of 2026(2) dt.29-06-2026
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          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution.

                       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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his 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) 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 Maner P.S. Case

          No. 921 of 2025, 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 petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.34970 of 2026(2) dt.29-06-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner is a person 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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