Patna High Court
Jay Prakash Ray @ Wakil RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with stipulated conditions.
Summary
Jay Prakash Ray sought anticipatory bail after the police registered a case alleging that 24 litres of liquor were recovered from his scooter, invoking IPC sections 272, 273 and 34 and the Bihar Prohibition and Excise Act, 2018 sections 30(a) and 41. The petitioner argued that he was not arrested on the spot, had no liquor in his conscious possession, and was unaware that a friend had misused his vehicle. He also highlighted that he already had seven prior cases under the Excise Act, contending that this should not preclude bail. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.35,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, stating that if more than seven prior cases are found, the bail would not be confirmed, whereas if exactly seven are found, it would be confirmed immediately.
Issues considered
- What is the appropriateness of granting anticipatory bail to a petitioner accused under IPC and the Bihar Prohibition and Excise Act, considering his prior criminal antecedents?
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- criminal antecedents
- Section 482 CrPC
- IPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91680 of 2025
Arising Out of PS. Case No.-268 Year-2021 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Jay Prakash Ray @ Wakil Ray S/o Late- Harihar Ray R/o Mohalla- Bhauara
Machhahata Chowk, Madhubani, P.S- Madhubani Town, Dist- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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 Sections 272, 273
and 34 of the Indian Penal Code and Sections 30(a) and 41 of
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 7 cases under the Excise Act and
allegation is of recovery of 24 litres of liquor from a Scooty. It
is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and he came to be implicated based on the fact that he is owner
of the seized vehicle. It is next submitted that no prudent person
Patna High Court CR. MISC. No.91680 of 2025(2) dt.13-01-2026
2/3
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged.
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
Madhubani Town P.S. Case No.268/2021, 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
seven cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.91680 of 2025(2) dt.13-01-2026
3/3
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
Checking your session…