Patna High Court
Ajeet Ray @ Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ajeet Ray, was implicated in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 30(a), 32(i) and 41(i) of the Bihar Excise Act for allegedly recovering 4,406.4 litres of liquor. He claimed he was not in possession of the seized truck and that the case was based solely on a confessional statement of another accused, which he argued lacked evidentiary value. The petitioner also disclosed that his criminal antecedent had increased from six to seven cases, five of which relate to excise offences. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 35,000 with two sureties and ordered verification of the petitioner’s antecedent; if more than seven cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the petitioner has multiple prior offences, including under the Excise Act.
- Whether a confessional statement of another accused, without further investigation, provides sufficient basis to deny anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 3(5)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- criminal antecedent
- excise law
- confessional statement
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4605 of 2026
Arising Out of PS. Case No.-1091 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Ajeet Ray @ Ajeet Kumar Son of Vijay Ray R/o Village - Supaul Tariya, P.S.
- Mahua, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 274, 275
and 3(5) of the BNS, 2023 read with Sections 30(a), 32(i) and
41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that at
Para-3 it has been pleaded that petitioner has antecedent of six
cases, but then yesterday only one more case came to be
instituted, as such petitioner now has antecedent of seven cases
out of which five cases are under the excise act and allegation is
of recovery of 4406.4 liters of liquor from a truck.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.4605 of 2026(2) dt.31-01-2026
2/3
was recovered from his conscious possession and is not the
owner of the seized truck and he came to be implicated based on
confessional statement of apprehended accused in police
custody which does not have any evidentiary value. 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.
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.
35,000/- (Rupees Thirty 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
Mahua P.S. Case No. 1091 of 2025 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
Patna High Court CR. MISC. No.4605 of 2026(2) dt.31-01-2026
3/3
in the event if it is found that petitioner has antecedent of more
than seven cases 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 seven
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
10,000/- with Advocates’ Association, Patna High Court within
a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…