Patna High Court
Amresh Ray @ Amresh Kumar Ray @ Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties, surrender within six weeks, and verification of the petitioner’s criminal antecedent.
Summary
Amresh Ray applied for anticipatory bail anticipating arrest in a case under Sections 30(a) and 41(1)(2) of the Excise Act, alleging recovery of illicit liquor from a third party's premises and a vehicle. The petitioner argued that he was not in possession of the seized liquor, had no ownership of the vehicles, and was implicated through local informants without proper investigation. The State opposed the bail, contending the seriousness of the offences and the petitioner's prior three excise cases. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a Rs.15,000 bond with two sureties and a six‑week surrender. It directed the trial court to verify the petitioner's criminal antecedent and stipulated that if more than three prior cases are found, the bail would not be confirmed. The application was therefore allowed, subject to the stated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case involving offences under the Excise Act
- Whether the petitioner’s alleged lack of possession and ownership of the seized liquor and vehicles justifies bail
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 41(1)(2)
Subjects
- anticipatory bail
- Excise Act
- Section 438
- bail conditions
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35335 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
Amresh Ray @ Amresh Kumar Ray @ Amresh Kumar son of Shivchandra
Ray Resident Of Village- Ward No. 02, Kerai, P.s.- Bibhutipur, Dist
-samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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
Sections 30(a) and 41(1)(2) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 24.7 litres of liquor from the
house of Ranjeet Jha and 26.25 litres of liquor from a truck and
a motorcycle was seized.
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
Patna High Court CR. MISC. No.35335 of 2026(2) dt.29-06-2026
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any of the vehicles and nor he has any concern or relation with
Ranjeet and he came to be implicated at the instance of local
person, but then, 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 Ujiyarpur P. S. Case No.278 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.35335 of 2026(2) dt.29-06-2026
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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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