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Patna High Court

Rupan RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Rupan Ray, owner of a Mahindra pickup, was implicated in the seizure of 561.6 litres of liquor and faced arrest under Section 30(a) of the Bihar Excise Act. He contended that he had a clean criminal record, was not in possession of the liquor at the time of seizure, and was unaware of his driver’s alleged misuse of the vehicle. The petitioner applied for anticipatory bail, arguing that ownership of the vehicle alone should not render him culpable. The State opposed the bail. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and conditioned on verification of the petitioner’s antecedent by the trial court, with the possibility of cancellation if a prior case is discovered. The order directs that if the petitioner’s antecedent is clean, the provisional bail shall be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to a vehicle owner implicated in a large liquor seizure under Section 30(a) of the Bihar Excise Act.
  • Whether ownership of the vehicle and lack of knowledge of the alleged offence justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Section 482(2)
  • vehicle ownership
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88268 of 2025
                   Arising Out of PS. Case No.-61 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Gaya
                 ======================================================
                 Rupan Ray S/o Munni Yadav Resident of Village- Sarai Ranjan, P.S.- Sarai
                 Ranjan, District- Samastipur

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

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

3   20-01-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 561.600 liters of liquor from a Mahindra pick up

                   vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.88268 of 2025(3) dt.20-01-2026
                                            2/3




          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 implicated

          and at the same time shall bring disrepute to his business, it is

          also submitted that petitioner was completely unaware that his

          driver and Khalashi would misuse the vehicle in the manner as

          alleged.

                       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, 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 Excise

          Sherghati P.S. Case No. 61 of 2021 subject to the conditions as

          laid down under Section 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

          in the event if it is found that petitioner has antecedent of even
            Patna High Court CR. MISC. No.88268 of 2025(3) dt.20-01-2026
                                                        3/3




                      one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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