Patna High Court

Hajari RayversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail may be granted provisionally in offences under Section 30(a) of the Bihar Prohibition and Excise Act where the petitioner has no prior criminal antecedent, subject to verification and conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Hajari Ray, was implicated in a case alleging recovery of 45 litres of liquor from his motorcycle, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He sought anticipatory bail, arguing he had a clean record and was unaware that his friend misused his vehicle. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If any antecedent is found, the bail will not be confirmed; if none, the bail will be confirmed. The order is subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act
Whether ownership of the vehicle used for the alleged offence justifies arrest without possession of the contraband
What conditions may be imposed under Section 482(2) of the B.N.S.S. for provisional anticipatory bail

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30
Bihar Prohibition and Excise Act
vehicle ownership
criminal antecedent
Section 482
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79435 of 2025
                    Arising Out of PS. Case No.-287 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Hajari Ray Son of Kishun Dev Ray Resident of Village- Daldali Road,
                 Danapur, P.S.- Danapur, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jai Kishore Sharma
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 45 litres of liquor from a motorcycle. It is next

                   submitted 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 vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.79435 of 2025(3) dt.19-01-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 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

          Jehanabad (Kalpa) P.S. Case No.287/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.79435 of 2025(3) dt.19-01-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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