Created by Fuzzy Cloud

Patna High Court

Neeraj Ray @ Neeraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Neeraj Ray, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 35 litres of liquor from a bush, though no liquor was found in his possession and the alleged site does not belong to him. He claimed a clean criminal record and argued that the complaint was filed by a chowkidar with whom he had a hostile relationship, questioning why the chowkidar did not inform police earlier. The State opposed his request for anticipatory bail. The High Court, after considering the petitioner's clean antecedent, lack of possession, and the circumstances of the allegation, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed. The petitioner was also directed to deposit Rs.1500 with the Advocates’ Association within two weeks.

Issues considered

  • What is the appropriate exercise of the High Court's inherent powers under Section 482(2) of the BNSS in granting anticipatory bail?
  • Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail in a case under Section 30(a) of the Bihar Excise Act?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • clean antecedent
  • bail conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5745 of 2026
                  Arising Out of PS. Case No.-408 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Neeraj Ray @ Neeraj Kumar S/o Subhash Ray R/o Village - Bandhauli, P.S -
                 Baikunthpur, District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sumit Shekhar Pandey, Advocate
                 For the Opposite Party/s :      Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 35 liters of liquor from a bush.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be

                   implicated at the instance of Chowkidar with whom he is on an
Patna High Court CR. MISC. No.5745 of 2026(2) dt.03-02-2026
                                            2/3




          inimical term. It is also submitted that if Chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution.

                       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.

          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

          Baikunthpur P.S. Case No. 408 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

          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 Court, as such, the provisional
            Patna High Court CR. MISC. No.5745 of 2026(2) dt.03-02-2026
                                                        3/3




                      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.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.