Patna High Court
Rakesh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that, given the petitioner’s clean antecedent and lack of conscious possession of the liquor, provisional anticipatory bail could be granted subject to verification of antecedents under Section 482(2) of the CrPC.
Summary
The petitioner, Rakesh Ray, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly transporting 60 litres of liquor in his motorcycle, although the liquor was not found in his conscious possession and he claimed ignorance of his friend’s misuse of the vehicle. He applied for anticipatory bail, asserting a clean criminal record and arguing that ownership of the vehicle alone should not constitute sufficient grounds for arrest. The State opposed the bail. The High Court, considering the petitioner’s lack of direct possession and clean antecedent, granted provisional anticipatory bail subject to a bail‑bond of Rs.500 with two sureties and conditions under Section 482(2) of the CrPC, including verification of any prior cases. The order further stipulated that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the High Court Legal Services Committee.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether mere ownership of the vehicle used for alleged contravention, without proof of conscious possession, justifies denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- ownership of vehicle
- clean antecedent
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5558 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- AKILPUR District- Saran
======================================================
Rakesh Ray Son of Late Bhubneshwar Ray @ Bhuneswar Rai Village -
Bariyarchak P.S- Nayagaon, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubham Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 60 litres of liquor from a motorcycle. It is next
submitted that 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
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus,
would create evidence against himself and hence, would get
Patna High Court CR. MISC. No.5558 of 2026(2) dt.03-02-2026
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implicated. It is also submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged, who also fled from the spot.
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.500/- (Rupees Five Hundred) 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 Akilpur P.S. Case No.104 of
2025, subject to the conditions laid down under Section 482(2)
of the B.N.S.S.
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 antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.5558 of 2026(2) dt.03-02-2026
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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 is a person with clean antecedent, 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.1500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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