Patna High Court
Raghu Nandan Ray @ Gop RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
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
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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
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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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