Patna High Court
CR. MISC./49886/2026 of Subhas Rai @ Subash Ray Vs The State of Bihar on 23 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49886 of 2026 Arising Out of PS. Case No.-852 Year-2021 Thana- MANER District- Patna ====================================================== Subhas Rai @ Subash Ray S/o Late Musafir Rai R/o Village- Sherpur, Hiratola, PS- Maner, Distt- Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49886 of 2026
Arising Out of PS. Case No.-852 Year-2021 Thana- MANER District- Patna ======================================================
Subhas Rai @ Subash Ray S/o Late Musafir Rai R/o Village- Sherpur, Hiratola, PS- Maner, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Prakash Chandra Jha
For the Opposite Party/s :
Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
23-07-2026
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 offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 50 litres of liquor from a scooty.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted that petitioner is not the owner of the seized vehicle but inadvertently in the order impugned, it is recorded that petitioner is the owner of the seized vehicle. It is further Patna High Court CR. MISC. No.49886 of 2026(2) dt.23-07-2026
submitted that he came to be implicated based on secret information which is the easiest way to implicate someone without holding a proper investigation. It is also submitted that of late in the State of Bihar police has started implicating accused having criminal antecedents in cases relating to excise for obvious reason.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Maner P.S. Case No. 852 of 2021, 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 petitioner and in the event if it is found that petitioner has antecedent of more than two cases then it would be presumed that petitioner, for the Patna High Court CR. MISC. No.49886 of 2026(2) dt.23-07-2026
purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Sumit/- (Satyavrat Verma, J) U T