Patna High Court
Nakeshar Ray @ Nageshwar RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to the conditions imposed under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Nakeshar Ray, sought anticipatory bail after being named in FIR No. 565 of 2025 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving 462 litres of illicit liquor recovered from a public street. The prosecution alleged that the petitioner was linked to the consignment based on secret information, while the petitioner contended he was innocent, not present at the place of recovery, and that the FIR lacked details on how his name was disclosed. The State opposed the bail, arguing that the petitioner was named in the FIR and could not evade the allegations. The court examined the material on record, noting the petitioner’s absence from the scene and the lack of direct evidence connecting him to the offence. Relying on Section 482(2) of the B.N.S.S., the court held that anticipatory bail could be granted subject to conditions. Consequently, the application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. despite being named in the FIR for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s alleged non‑presence at the place of recovery negates liability
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482
- criminal procedure
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8904 of 2026
Arising Out of PS. Case No.-565 Year-2025 Thana- KHAJEKALA District- Patna
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Nakeshar Ray @ Nageshwar Ray S/O Late Vasu Ray R/O Vill - Bakhtiyarpur
Naya Tola Raghavpur, P.s. - Bakhtiyarpur, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Rai, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Khajekalan P.S. Case No. 565 of 2025,
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. As per prosecution-case, 462 litre country-made
illicit liquor was recovered from the street behind the tempo and
name of the petitioner has come to fore on the basis of secret
information as two persons Santosh @ Sanichara and Nirdosh
Kumar have brought consignment of illicit liquor in the street
behind a temple at Mittan Ghat.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
Patna High Court CR. MISC. No.8904 of 2026(2) dt.18-02-2026
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alleged in the F.I.R. He further submits that the place of
recovery is an open place and petitioner cannot be held liable
for the alleged recovery. Petitioner is having one criminal
antecedent in which he is on bail. Petitioner is not, in any way,
connected with the alleged place of recovery and consignment
of the illicit liquor and it has not been divulged in the F.I.R. as to
who has disclosed the name of the petitioner, which questions
the authenticity of the F.I.R. In the light of aforesaid facts and
circumstances, no offence is made out against the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that petitioner is named in the F.I.R. and petitioner
cannot escape from the allegations made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, 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 anticipatory bail on furnishing bail-bond of
Rs.10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise,
Patna High Court CR. MISC. No.8904 of 2026(2) dt.18-02-2026
3/3
Patna City, District-Patna in connection with Khajekalan P.S.
Case No. 565 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
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