Vijay Ray @ Vijay Kumar Ray @ Barku Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4144 of 2026 Arising Out of PS. Case No.-196 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Vijay Ray @ Vijay Kumar Ray @ Barku Ray Son of Sohan Ray Resident of village- Ramnagar, Ps- Mufassil, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :
Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedents of three cases under the Excise Act and allegation is of recovery of 40 litres of liquor from three places, i.e., 10 litres of liquor was recovered which was concealed under log of woods in front of the house of Jitendra Nutt, 10 litres of liquor was recovered from a bush behind the house of Kundan Manjhi and 20 litres of liquor was recovered from a place behind the house of petitioner. It is next submitted that petitioner was not arrested from the spot, as such, nothing
Patna High Court CR. MISC. No.4144 of 2026(2) dt.29-01-2026 2/3 was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner but then is adjacent to his house, as such, he came to be implicated based on secret information, which is the easiest way to implicate someone. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail application.
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, is directed to be released on provisional anticipatory bail on his furnishing bail-bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Exclusive Special Court Excise Act-I, Saran at Chapra in connection with Chapra Mufassil P.S. Case No.196 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.4144 of 2026(2) dt.29-01-2026 3/3
6. The application stands allowed.
7. It is made clear that the learned trial Court after accepting the provisional bail bond of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedents of more than three cases, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedents of only three cases, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner, based on instruction, submits that petitioner undertakes to deposit an amount of Rs.2500/- with Lawyers' Association, Patna High Court within a period of two weeks from today. (Satyavrat Verma, J) Sanjay/- U T