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Patna High Court

Vijay RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the Bihar Narcotic Substances Act.

Summary

The petitioner, Vijay Rai, sought anticipatory bail fearing arrest in a case registered under Sections 338, 336(3) and 340(2) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, relating to the alleged recovery of 250 litres of liquor from an auto. He contended that he was not caught in possession, was not the owner of the vehicle, and that the case against him was based solely on a confessional statement made by a co‑accused, Amit, while in police custody, which he argued lacks evidentiary value. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 5,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. It directed that if more than one prior case is found, the bail would be presumed concealed and the provisional order would not be confirmed; if only one prior case is found, the bail would be confirmed. The order is subject to the conditions laid down under Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under Sections 338, 336(3) and 340(2) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act.
  • Whether a confessional statement recorded in police custody against a co‑accused can be the sole basis for denying anticipatory bail.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • liquor seizure
  • criminal antecedent
  • provisional bail
  • Bihar Narcotic Substances Act
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37063 of 2026
                  Arising Out of PS. Case No.-89 Year-2026 Thana- PATNA CITY CHOWK District- Patna
                 ======================================================
                 Vijay Rai S/O Randhir Yadav @ Randhir Rai @ Nandi Yadav @ Anandi Ray
                 R/O Village- Sukumarpur, Jafrabad, P.S- Raghopur, Distt.- Vaishali.
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jay Ram Prasad
                 For the Opposite Party/s :      Mr. Rajendra Nath Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026                  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 offences punishable under Sections 338, 336(3) and 340(2) of

                   the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of recovery of

                   250 liters of liquor from an Auto.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of the

                   seized vehicle and came to be implicated based on confessional

                   statement of Amit in police custody which does not have any

                   evidentiary value.

                                5. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
            Patna High Court CR. MISC. No.37063 of 2026(2) dt.16-06-2026
                                                        2/2




                                   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 Trial Court within a period

                      of six weeks from today, be released on Provisional anticipatory

                      bail on furnishing bail bonds of Rs. 5000/- (Rupees Five 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 Patna City Chowk P.S. Case No. 89 of 2026 subject

                      to the conditions as laid down under Section 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 in the event

                      if it is found that petitioner has antecedent of more than one case then

                      it would be presumed that petitioner, for the purposes of seeking

                      anticipatory bail, had concealed his antecedent before this Court, as

                      such, the provisional anticipatory bail order shall not be confirmed,

                      but after verification if it is found that petitioner has antecedent of

                      one case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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