Vijay Ray @ Vijay Kumar Ray @ Barku RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4144 of 2026
                  Arising Out of PS. Case No.-196 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
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                 Vijay Ray @ Vijay Kumar Ray @ Barku Ray Son of Sohan Ray Resident of
                 village- Ramnagar, Ps- Mufassil, Dist- Saran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhijeet Abhigyan, Advocate
                 For the Opposite Party/s :      Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of three cases under the Excise Act

                   and allegation is of recovery of 40 litres of liquor from three

                   places, i.e., 10 litres of liquor was recovered which was

                   concealed under log of woods in front of the house of Jitendra

                   Nutt, 10 litres of liquor was recovered from a bush behind the

                   house of Kundan Manjhi and 20 litres of liquor was recovered

                   from a place behind the house of petitioner. It is next submitted

                   that petitioner was not arrested from the spot, as such, nothing
Patna High Court CR. MISC. No.4144 of 2026(2) dt.29-01-2026
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          was recovered from his conscious possession and even alleged

          recovery is from a place which does not belong to the petitioner

          but then is adjacent to his house, as such, he came to be

          implicated based on secret information, which is the easiest way

          to implicate someone. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional              statement or secret information

          without holding a proper investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of learned Additional

          Sessions Judge-cum-Exclusive Special Court Excise Act-I,

          Saran at Chapra in connection with Chapra Mufassil P.S. Case

          No.196 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.
               Patna High Court CR. MISC. No.4144 of 2026(2) dt.29-01-2026
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                                      6. The application stands allowed.

                                      7. It is made clear that the learned trial Court after

                         accepting the provisional bail bond of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedents of more than three 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 antecedents of only three cases, 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.2500/- with Lawyers’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T