Patna High Court
Deepak Ray @ Deepak Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Deepak Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 197.88 litres of liquor from a washroom tank adjacent to his house. He argued that he was not arrested at the spot, no liquor was found in his possession, and the FIR omitted the names of the villagers who implicated him, casting doubt on the prosecution's case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond, two sureties, and verification of the petitioner’s criminal antecedent. If the petitioner is found to have more than one prior case, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482 of the Bihar Narcotic and Smuggling (BNSS) Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) Cr.P.C. in the context of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- Criminal Procedure Code
- BNSS Act
- criminal antecedent
- bail conditions
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90791 of 2025
Arising Out of PS. Case No.-275 Year-2025 Thana- BHELDI District- Saran
======================================================
Deepak Ray @ Deepak Kumar Ray Son of Ram Nath Ray Resident of
village- Hakma, PS- Bheldi, District - Saran at Chapra
... ... 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. Lakshmi Kant Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 197.88 litres of liquor from an under constructed
washroom tank near the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and based on suspicion he came
to be implicated at the instance of the local villagers but then the
Patna High Court CR. MISC. No.90791 of 2025(2) dt.08-01-2026
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name of the villagers who disclosed the name of the petitioner is
not disclosed in the FIR which casts an aspersion on the case of
the prosecution.
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, let 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.5,000/- (Rupees 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 Bheldi
P.S. Case No. 275 of 2025, subject to the conditions as laid
down under Section 438 (2) of the Cr.P.C./482 of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
Patna High Court CR. MISC. No.90791 of 2025(2) dt.08-01-2026
3/3
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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