Patna High Court
Vinda Rai @ Binda RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Vinda Rai, was implicated in a case under Sections 30(a), 32(3) and 33 of the Bihar Prohibition and Excise Act for the alleged recovery of 180 litres of liquor from three vehicles. He contended that he has a clean antecedent, was not arrested at the spot, and that the liquor was not in his conscious possession, arguing that he was merely the owner of one of the seized vehicles and was unaware of his friend’s misuse of it. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his criminal antecedent within six weeks. It further directed the petitioner to deposit Rs.1,500 with the Patna High Court Lawyers’ Association. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise Act.
- Whether ownership of a vehicle used in the alleged offence is sufficient ground for arrest and denial of bail.
- Whether the petitioner’s claim of a clean criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- vehicle ownership
- criminal antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3677 of 2026
Arising Out of PS. Case No.-1712 Year-2025 Thana- Excise P.S. District- Muzaffarpur
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Vinda Rai @ Binda Ray Son of Vishwanath Ray Resident of village -
Hariharpur Bhikhi, P.S.- Paroo, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 offences punishable under Sections 30(a),
32(3) and 33 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 180 litres of liquor from three different vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of one of the seized vehicles. It it next submitted that no
prudent person would use his own vehicle for committing an
occurrence and thus would create evidence against himself and
Patna High Court CR. MISC. No.3677 of 2026(2) dt.29-01-2026
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hence would get implicated. It is also submitted that petitioner
was completely unaware that is friend would misuse the vehicle
in the manner as alleged who also fled from the spot.
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 for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
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
Muzaffarpur Excise P.S. Case No. 1712 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. 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 shall not be
Patna High Court CR. MISC. No.3677 of 2026(2) dt.29-01-2026
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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.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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