Patna High Court
Raviranjan Ray @ Ravi RanjanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted subject to conditions under Section 438(2) of the Criminal Procedure Code.
Summary
Petitioner Raviranjan Ray sought anticipatory bail fearing arrest in a case under IPC sections 272, 273 and 34 and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that liquor was seized from a vehicle not owned by him and that his mobile number was used by a friend to commit the alleged offence. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and was unaware of the misuse of his phone. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000, two sureties of equal amount, and verification of his criminal antecedents, invoking Section 438(2) of the Cr.P.C. The order also stipulated that if more than three prior cases are found, the bail would not be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offences and his criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- Section 438 CrPC
- excise law
- liquor seizure
- mobile phone evidence
- criminal antecedents
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44 of 2026
Arising Out of PS. Case No.-606 Year-2020 Thana- SARAIYA District- Muzaffarpur
======================================================
Raviranjan Ray @ Ravi Ranjan S/O Hari Ray R/O Village- Sarmastpur, P.S-
Saraiya, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 272, 273 and 34 of
the Indian Penal Code as well as Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of three cases out of which two cases
are under the Excise Act and allegation is of recovery of
8082.360 litres of liquor from container vehicle. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and is not
the owner of the seized vehicle and he came to be implicated
based on the fact that Mobile No.7667705089 was used in the
Patna High Court CR. MISC. No.44 of 2026(2) dt.30-01-2026
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alleged occurrence which is registered in the name of the
petitioner. It is further submitted that no prudent person would
use his own mobile for committing an occurrence and thus,
would create evidence against himself and hence, would get
implicated. It is also submitted that petitioner was completely
unaware that his friend would misuse the mobile in the manner
as alleged.
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 Exclusive
Special Judge Excise-II, Muzaffarpur in connection with
Saraiya P.S. Case No.606 of 2020, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
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
Patna High Court CR. MISC. No.44 of 2026(2) dt.30-01-2026
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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.5,000/- with Lawyers’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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