Manoj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30820 of 2026 Arising Out of PS. Case No.-203 Year-2026 Thana- CHAPRA TOWN District- Saran ====================================================== 1.

Manoj Ray S/O Baleshwar Ray Resident of Vill.- Dhahiyawa near Umanath Mandir, P.S.- Chapra Town, P.O.- Chapra, Dist.- Saran at Chapra- 841301 2.

Munna Ray @ Munna Kumar S/O Baleshwar Ray Resident of Vill.- Dhahiyawa near Umanath Mandir, P.S.- Chapra Town, P.O.- Chapra, Dist.- Saran at Chapra- 841301 3.

Tuntun Ray @ Tuntun Kumar S/O Baleshwar Ray Resident of Vill.- Dhahiyawa near Umanath Mandir, P.S.- Chapra Town, P.O.- Chapra, Dist.- Saran at Chapra- 841301 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2026

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 250 liters of liquor from four different vehicles.

4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and are not the

Patna High Court CR. MISC. No.30820 of 2026(2) dt.07-05-2026 2/3 owner of any of the seized vehicles and they came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value. It is next submitted that after amendment in the excise act in the year 2018, the concept of deemed possession and presumed offender has been done away with.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 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) 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 Chapra Town P.S. Case No. 203 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that any of the petitioners have antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their

Patna High Court CR. MISC. No.30820 of 2026(2) dt.07-05-2026 3/3 antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his antecedent, but after verification if it is found that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Rishabh/- U T