Patna High Court
Amar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 The application was allowed, with the proviso that if any antecedent is discovered, the bail may be withdrawn.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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
2/3
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
Checking your session…