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Patna High Court

Raghu Nandan Ray @ Gop RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Raghu Nandan Ray, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor from locations not in his immediate possession. He argued that he has a clean antecedent, that the alleged recovery was from a hut adjacent to his house, and that the complaint was motivated by a hostile watchman. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties, verification of the petitioner’s antecedent, and a deposit of Rs.1,500 with the Patna High Court Lawyers’ Association. The order also stipulated that if any antecedent is discovered, the bail may be revoked, whereas confirmation will follow if the petitioner is found clean. The decision rests on the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Cr.P.C. in conjunction with the Bihar Prohibition Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 CrPC
  • Bihar Prohibition Act
  • liquor seizure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6653 of 2026
                       Arising Out of PS. Case No.-412 Year-2025 Thana- DIGHWARA District- Saran
                 ======================================================
                 Raghu Nandan Ray @ Gop Ray Son of Late Mahabir Ray Resident of Village
                 - Ahimanpatti, Police Station - Dighwara, District - Saran.
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 Sections 30(a) and

                   37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 12 litres of liquor from a place near railway under

                   pass, 6 litres of liquor from a hut behind the house of the

                   petitioner and 180 ml. of liquor from Srinivash Kumar.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

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

                   but then is adjacent to his house. It is further submitted that
Patna High Court CR. MISC. No.6653 of 2026(2) dt.04-02-2026
                                            2/3




          petitioner came to be implicated at the instance of the

          Chawkidar with whom he is on an inimical term. It is next

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution, when petitioner

          admittedly is a person with clean antecedent.

                       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, let 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 Dighwara

          P.S. Case No. 412 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of even one case, it
           Patna High Court CR. MISC. No.6653 of 2026(2) dt.04-02-2026
                                                       3/3




                     would be presumed that petitioner had concealed his antecedent

                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification 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.1,500/- with the Lawyers’ Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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