Patna High Court
Binod Kumar Ray @ Binod RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted pending verification of the petitioner’s antecedent, subject to conditions under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
The petitioner, Binod Kumar Ray, owner of Hotel Surya Inn, was implicated in a case alleging recovery of 6.5 litres of liquor from the sixth floor of his hotel, attracting charges under Sections 30(a) and 37 of the Bihar Excise Act and Section 45 of the Bihar Narcotic Substances Act. He applied for anticipatory bail, asserting a clean antecedent and arguing that the liquor could have been brought in by customers and that the confession of an accused in police custody lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal antecedent, invoking its inherent powers under Section 482(2) of the BNSS. The order stipulates that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed upon verification. The decision balances the petitioner’s right to liberty with the need to ensure that bail is not misused.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged possession of liquor under the Bihar Excise Act and the Bihar Narcotic Substances Act.
- Whether the confession of an accused made in police custody is admissible as evidence against the petitioner.
- Whether ownership of the premises alone can constitute sufficient basis for arrest and charge.
Legislation cited
- Bihar Excise Act — s. 30(a), 37
- Bihar Narcotic Substances Act — s. 45, 482(2)
Subjects
- anticipatory bail
- excise law
- possession of liquor
- ownership of premises
- Section 482
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44264 of 2026
Arising Out of PS. Case No.-264 Year-2026 Thana- KHAGAUL District- Patna
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Binod Kumar Ray @ Binod Ray S/O Nawab Ray R/o- Rajpura, P.s- Kaler
Dist- Arwal At Present R/o- Lekha Nagar P.s- Danapur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 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 Sections 30(a) and
37 of the Bihar Excise Act and Section 45 of BNS.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 6.5 litres of liquor from 6th floor of hotel Surya Inn.
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 hotel. It is
next submitted that no prudent businessman would use his own
premises for committing an occurrence and thus would create
Patna High Court CR. MISC. No.44264 of 2026(2) dt.07-07-2026
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evidence against himself and hence would get implicated and at
the same time shall bring disrepute to his business. It is further
submitted that customers in large number come to the hotel and
it might be a possibility that some customer brought the liquor
in the hotel and he came to be implicated based on confessional
statement of apprehended-accused in police custody which does
not have any evidentiary value.
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 Khagaul P.S. Case No. 264 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
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Court, as such, the provisional anticipatory bail order shall not be
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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