Created by Fuzzy Cloud

Patna High Court

Balinder Ray @ Sunil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.