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Patna High Court

Nagendra RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions of Section 482(2) BNSS.

Summary

The petitioner, Nagendra Ray, sought anticipatory bail after the police seized 2.250 litres of liquor from his motorcycle and 41.340 litres from a cowshed, alleging violations of Sections 30(a), 56(b) and 44 of the Bihar Excise Act. He contended that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware of his nephew’s alleged misuse of his vehicle. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the petitioner's clean antecedent and the fact that the seized liquor was not found in his conscious possession, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and verification of his antecedent by the trial court. The order was made conditional on Section 482(2) of the BNSS, and the bail would be confirmed only if the trial court finds the petitioner has no concealed prior cases.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the seizure.
  • Whether the conditions imposed under Section 482(2) of the BNSS are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91024 of 2025
                       Arising Out of PS. Case No.-1175 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Nagendra Ray Son of Jay Dayal Ray Resident of Mohalla - Lodipur Police
                 Line, P.S.- Gandhi Maidan, District - Patna. Permanent Address - Rambad
                 Maner Patila, P.S.- Maner, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Bhaskar Shankar
                 For the Opposite Party/s :         Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026               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 Sections 30(a),

                   56(b) and 44 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2.250 litres of liquor from a motorcycle and 41.340

                   litres of liquor from a cowshed.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the cowshed but then he came to be implicated based on the fact
Patna High Court CR. MISC. No.91024 of 2025(2) dt.12-01-2026
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          that he is owner of the seized 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, it is further submitted that

          petitioner was completely unaware that his nephew Anshu

          would misuse the vehicle in the manner as alleged, who was

          also apprehended from the spot.

                   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 Patna

          Excise P.S. Case No. 1175 of 2025 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 one case

          then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.91024 of 2025(2) dt.12-01-2026
                                                          3/3




                        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)
Sumit/-

U         T


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