Patna High Court
Kamlesh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedent.
Summary
Petitioner Kamlesh Ray, owner of a vehicle from which 459 litres of liquor was seized, sought anticipatory bail, claiming he had no knowledge of the driver’s alleged misuse and possessed a clean antecedent. The State opposed the bail, arguing the vehicle’s ownership implicated the petitioner. The court noted that the petitioner was not arrested at the spot and that the liquor was not found in his conscious possession. Considering these facts and the petitioner’s clean record, the court granted provisional anticipatory bail conditioned on a Rs. 500 bond, two sureties, and verification of any criminal antecedent within six weeks. If any antecedent is discovered, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the seizure of liquor from his vehicle.
- Whether the petitioner’s lack of direct possession and clean antecedent justify granting bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle owner liability
- Section 30(a)
- Section 482(2)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39765 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- Excise P.S. District- Darbhanga
======================================================
Kamlesh Ray Son of Dukhran Ray Resident of Village- Balaur Nidhi, P.S.-
Gaighat, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand
For the Opposite Party/s : Mr.Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 459 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.39765 of 2026(2) dt.23-06-2026
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create evidence against himself and hence would get implicated
and at the same time shall bring disrepute to his business, it is
further submitted that petitioner was completely unaware that
his driver 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, 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 Excise Sadar P.S. Case No. 66 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 even 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
Patna High Court CR. MISC. No.39765 of 2026(2) dt.23-06-2026
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confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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