Anil Kumar Ray @ Anil Kumar Rai @ Anil Rai @ Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6626 of 2026 Arising Out of PS. Case No.-1 Year-2025 Thana- Pahelja P.S. District- Saran ====================================================== 1.
Anil Kumar Ray @ Anil Kumar Rai @ Anil Rai @ Anil Kumar Son of Jhulan Ray @ Jhulan Rai R/o - Village - Pahaleja Shahpur, Diyara, P.S. - Sonpur, Dist. - Saran.
2.
Sudhir Kumar Son of Lalbabu Ray @ Lalbabu Rai R/o Village - Sabalpur Pachhiyari Tola, P.S. - Sonpur, Dist. - Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Prasad Singh For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-01-2026
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that the petitioners have antecedent of three cases under the Excise Act and the allegation is of recovery of 4942.080 litres of liquor from a truck.
4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and are not the owner
Patna High Court CR. MISC. No.6626 of 2026(2) dt.30-01-2026 2/3 of the seized truck and they came to be implicated based on confessional statement of Rajesh in police custody, which does not have any evidentiary value. It is next submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar, local person, secret information and confessional statement in a mechanical manner without holding proper investigation.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs. 1,5000/- (Rupees Fifteen Thousand) each 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 Pahaleja P. S. Case No.01 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall
Patna High Court CR. MISC. No.6626 of 2026(2) dt.30-01-2026 3/3 verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of more than three cases, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their 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 petitioners have antecedent of three cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on behalf of the petitioners based on instruction submits that petitioners undertake to deposit an amount of Rs.5,000/- with Advocates' Association, Patna High Court, Patna. (Satyavrat Verma, J) vikash/- U T