Patna High Court
Balinder Ray @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Balinder Ray (alias Sunil Kumar), feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of liquor, a motorcycle and a scooty. He claimed he was not in possession of the seized items, was not the owner, and was implicated solely on the testimony of a chowkidar, questioning the adequacy of police investigation. The petitioner, who has seven prior criminal cases (six under the Excise Act), sought anticipatory bail, while the State opposed the relief. The court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.35,000 with two sureties and that the trial court verify his antecedents. It directed that if more than seven prior cases are found, the bail would be presumed concealed and not confirmed; if exactly seven are found, the bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
- Whether the police investigation was sufficient given the lack of seizure from the petitioner’s possession.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89127 of 2025
Arising Out of PS. Case No.-561 Year-2025 Thana- SONEPUR District- Saran
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Balinder Ray @ Sunil Kumar S/O Lalbabu Ray R/O Vill.- Sabalpur
Pachhiyari Tola, P.S- Sonpur,Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh
For the Opposite Party/s : Mr. Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 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, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases, out of which, six cases
are under the Excise Act and allegation is of recovery of 103.86
litres of liquor from Pahleja Balli Tola along with a motorcycle
and a scooty. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and is not the owner of any of the seized
vehicle and came to be implicated at the instance of chowkidar
but then it is submitted that if chowkidar was aware of the
Patna High Court CR. MISC. No.89127 of 2025(3) dt.21-01-2026
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involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
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.35,000/- (Rupees thirty five thousand) 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
Sonepur P.S. Case No.561/2025, 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 more than
Patna High Court CR. MISC. No.89127 of 2025(3) dt.21-01-2026
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seven cases, 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 has antecedent of seven
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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