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Patna High Court

Amar RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail subject to the conditions of Section 438(2) CrPC.

Summary

The petitioner, Amar Ray, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act alleging that 18 litres of liquor were recovered from his motorcycle. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware of his brother's alleged misuse of the vehicle. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents by the trial court. The order also required the petitioner to deposit Rs.1,500 with the Lawyers’ Association, Patna High Court. The application was allowed, with the proviso that if any antecedent is discovered, the bail may be withdrawn.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused under Section 30(a) of the Excise Act for alleged possession of liquor in his vehicle.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • bail bond
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5688 of 2026
                   Arising Out of PS. Case No.-142 Year-2025 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Amar Ray S/o Ram Prasad Ray R/o - Bhantabari, Tole, Ghughla, Ward No.14,
                 P.S - Charaut, District - Sitamarhi

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ashok Kumar Alias Ashok Karn
                 For the Opposite Party/s :         Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 18 litres of liquor from a motorcycle.

                                4. The learned counsel for the petitioner submits 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 the seized

                   motorcycle. It is next submitted that no prudent person would

                   use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.5688 of 2026(2) dt.03-02-2026
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          create evidence against himself and hence, would get

          implicated. It is further submitted that petitioner was completely

          unaware that his brother Amresh would misuse the vehicle in

          the manner as alleged as he was also apprehended at the spot

          along with Dinesh.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Benipatti Excise P. S. Case No.142 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds 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
               Patna High Court CR. MISC. No.5688 of 2026(2) dt.03-02-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Lawyers’ Association, Patna High Court, Patna within a period

                         of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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