Patna High Court
Dinesh Ray @ Dinesh Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.
Summary
The petitioner, Dinesh Ray, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for the alleged recovery of 514.5 litres of liquor from a truck he owned. He argued that he had a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, asserting that the vehicle was misused by another individual. The State opposed his application for anticipatory bail. The Patna High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, pending verification of his antecedent. The order stipulated that if any prior case is found, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C.
- Whether ownership of the vehicle implicates the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether the petitioner’s clean antecedent warrants bail
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Cr.P.C. Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91251 of 2025
Arising Out of PS. Case No.-197 Year-2025 Thana- Excise P.S. District- Samastipur
======================================================
Dinesh Ray @ Dinesh Kumar Rai Son of Kapildeo Ray Resident of Village-
Paharpur Purwi PS- Jurawanpur District -Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Prasad Roy, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 514.500 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact 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
Patna High Court CR. MISC. No.91251 of 2025(2) dt.12-01-2026
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would get implicated and at the same time shall bring disrepute
to his business. It is also submitted that petitioner was
completely unaware that Bhulan Sada 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, 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.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
Samastipur Sadar Excise P.S. Case No. 197 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.91251 of 2025(2) dt.12-01-2026
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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 petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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