Raj Kishore Ray @ Raj kishoreversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39308 of 2026
                          Arising Out of PS. Case No.-450 Year-2022 Thana- BEUR District- Patna
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                 Raj Kishore Ray @ Raj Kishore S/O Late Ram Ekbal Ray R/O Village-
                 Bisumpur, P.S.- Beur, Distt.- Patna.
                                                                     ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ganesh Prasad Yadav, Advocate
                 For the Opposite Party/s :        Mr. Madan Kumar, AP.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2 litres of liquor from a Santro Car.

                                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 is not the owner of the seized vehicle and came to be

                   implicated based on the confessional statement of Sonu Kumar in

                   police custody which does not have any evidentiary value in the eye

                   of law. It is next submitted that the police mechanically investigate

                   and implicate.
           Patna High Court CR. MISC. No.39308 of 2026(2) dt.22-06-2026
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                                  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 Beur P.S. Case No. 450 of 2022, 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 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