Patna High Court
Amit Ray @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Amit Ray, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a), 34 and 36 of the Excise Act, involving the alleged recovery of 1,176 litres of spirit from a pickup vehicle. He argued that he was not arrested on the spot, had no possession of the seized vehicle, and was implicated solely on confessional statements made by himself and another person while in police custody, which he claimed lack evidentiary value. The State opposed the bail, citing the seriousness of the offences and the petitioner’s prior two excise cases. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.10,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, stating that the bail could be revoked if more than two prior cases are found. The order was made subject to the conditions of Section 438(2) Cr.P.C.
Issues considered
- Whether anticipatory bail should be granted despite the alleged offences under the Bihar Narcotic Substances Act and the Excise Act.
- Whether confessional statements made in police custody can be relied upon to deny anticipatory bail.
- Whether the petitioner’s lack of ownership and possession of the seized vehicle affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 34, 36
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- Bihar Narcotic Substances Act
- confessional statements
- police custody
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37038 of 2026
Arising Out of PS. Case No.-771 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Amit Ray @ Amit Kumar S/o Late Ram Nath Ray Resident of Village- Asiya,
P.S.- Madhaurah, District- Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan No. II
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 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
Section 317(5) of B.N.S. and Sections 30(a), 34 and 36 of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 1176 litres of spirit from a pick-
up vehicle.
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
the seized vehicle and he came to be implicated based on
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confessional statement of Amit and Dinesh in police custody,
which does not have any evidentiary value. 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.10,000/- (Rupees Ten 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 Sahebganj P. S. Case No.771 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
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of more than two 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 two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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