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Patna High Court

Jay Prakash Ray @ Wakil RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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