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Patna High Court

Vinod RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to a bail bond, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Vinod Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 180 litres of liquor. He argued that he has a clean antecedent, the liquor was not found in his possession, and the recovery occurred at a location not belonging to him, implicating him only through a watchman's testimony. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s criminal antecedent. It held that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the petitioner claims no possession of the alleged liquor and a clean antecedent.
  • Whether the trial court must verify the petitioner’s criminal antecedent before confirming the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • provisional bail
  • Section 482(2)
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.869 of 2026
                        Arising Out of PS. Case No.-280 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Vinod Ray Son of Ganesh Ray Resident of Village- Shekhpura, P.S.- Amnour,
                 District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. 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 180 litres of liquor from a sack. It is next submitted

                   that petitioner was not arrested 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 he came to be implicated at the instance of Chowkidar but

                   then it is submitted that if Chowkidar was aware of the

                   involvement of the petitioner in the occurrence then whey he did
Patna High Court CR. MISC. No.869 of 2026(2) dt.19-01-2026
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          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution, when

          petitioner admittedly is a person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Additional

          Sessions Judge-cum-Exclusive Special Court Excise Act-1,

          Saran at Chapra in connection with Amnour P.S. Case No.280 of

          2025, subject to the conditions laid down under Section 482(2)

          of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner 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 obtaining
               Patna High Court CR. MISC. No.869 of 2026(2) dt.19-01-2026
                                                           3/3




                         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)

Sanjay/-

U          T


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