Patna High Court
Phulgendra Ray @ Fulgan Ray @ Fulgen RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond, sureties and verification of the petitioner’s antecedent.
Summary
Phulgendra Ray applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act, alleging recovery of 8.1 litres of liquor from a premises adjacent to his house. The petitioner asserted a clean criminal antecedent and argued that the liquor was not found in his possession nor was he arrested at the spot. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent and compliance with the conditions of Section 438(2) Cr.P.C. The order was conditioned that if any antecedent is discovered, the bail would not be confirmed. The provisional bail was therefore granted.
Issues considered
- Whether anticipatory bail should be granted for offences under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act.
- Whether the absence of arrest and the fact that the liquor was recovered from a place not belonging to the petitioner justify anticipatory bail.
- Whether the petitioner’s clean criminal antecedent influences the grant of anticipatory bail.
Legislation cited
- B.N.S. — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- clean antecedent
- Excise Act
- B.N.S.
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6968 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Phulgendra Ray @ Fulgan Ray @ Fulgen Ray Son of Awadh Ray Resident of
Village- Mehtarpatti, Silkor, P.S.- Basopatti, Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah
Ms.Archna Aanand
Mr.Sumit Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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
Sections 274 and 275 of the B.N.S. and 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 8.1 litres of liquor from a place outside the house
of the petitioner.
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 even alleged
Patna High Court CR. MISC. No.6968 of 2026(2) dt.19-02-2026
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recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to his house and he came to be
implicated at the instance of local person, but the name of the
person, who disclosed the name of the petitioner is not disclosed
in the F.I.R., which casts an aspersion on the case of the
prosecution, when admittedly petitioner is a person with clean
antecedent.
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
Basopatti P. S. Case No.304 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
Patna High Court CR. MISC. No.6968 of 2026(2) dt.19-02-2026
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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 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.
(Satyavrat Verma, J)
vikash/-
U T
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