CR. MISC./58085/2026 of SANJIV RAY @ SANJIV RANJAN KUMAR Vs The State of Bihar on 20 August 2026

ORAL ORDER

20-08-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of twenty three cases out of which thirteen cases are under the Excise Act and allegation is of recovery of 6301.800 litres of liquor from house of Deepak Kumar.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and has no concern or relation with Deepak and even alleged recovery is from a house, Patna High Court CR. MISC. No.58085 of 2026(2) dt.20-08-2026

which does not belong to the petitioner and he came to be implicated based on secret information which is the easiest way to implicate someone. 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 a proper investigation. It is also submitted that petitioner in similar manner earlier also came to be implicated in cases relating to excise.

5. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application.

6. 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-bonds in the sum of Rs.1,00,000/- (Rupees One Lakh) 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 Excise P. S. Case No.1066 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

Patna High Court CR. MISC. No.58085 of 2026(2) dt.20-08-2026

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than twenty 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 antecedent of twenty three cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

vikash/- (Satyavrat Verma, J) U T