Patna High Court
Umakant RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Umakant Ray, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 21 litres of liquor from a husk house, asserting that no liquor was found in his possession and that the investigation was mechanically driven. He argued that the premises were not used for the alleged offence and that the case was instigated by a local informant. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the conditions imposed by the Court for provisional anticipatory bail are appropriate.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Excise Act
- Section 30(a)
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41545 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- NIRMALI District- Supaul
======================================================
Umakant Ray S/o Budhi Lal Ray Resident of Village - Majhari, Ward No. 08,
P.S. - Nirmali, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 21 liters of liquor from husk house
of petitioner.
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 husk house is
a place outside the house. It is next submitted that no prudent
person would use his own premises for committing an
Patna High Court CR. MISC. No.41545 of 2026(2) dt.30-06-2026
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occurrence and thus would create evidence against himself and
hence would get implicated, it is further submitted that he came
to be implicated at the instance of local person, but then it is
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.
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 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 Nirmali
P.S. Case No. 62 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
Patna High Court CR. MISC. No.41545 of 2026(2) dt.30-06-2026
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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, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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