Raj Kishore Ray @ Malahu Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

Raj Kishore Ray @ Malahu Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Raj Kishore Ray @ Malahu in Patepur P.S. Case No. 112 of 2023: release upon arrest/surrender within four weeks on bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Prohibition and Excise Court-II, cum District and Additional Sessions Judge, Hajipur at Vaishali, subject to conditions under section 438(2) of the Code of Criminal Procedure / 482(2) of the BNSS.

Issue for consideration

Whether the petitioner, apprehending arrest in Patepur P.S. Case No. 112 of 2023 (IPC ss. 420 and 120(B); Bihar Prohibition and Excise Act 2016 ss. 30(a), 32(ii) and 41(i)), can be granted anticipatory bail notwithstanding the bar under Section 76(2) of the Act pressed by the State.

Court's answer

Anticipatory bail granted: the petitioner, in the event of arrest or surrender within four weeks, is to be released on bail on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Prohibition and Excise Court-II, cum District and Additional Sessions Judge, Hajipur at Vaishali, subject to the conditions under section 438(2) CrPC / 482(2) BNSS.

Ratio / Principle

The Section 76(2) bar was not treated as operating because, on the nature of accusation, recovery of illicit liquor prima-facie does not appear to have been made from the physical possession of the petitioner.

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.) allowed an application for anticipatory bail by Raj Kishore Ray @ Malahu, who apprehended arrest in Patepur P.S. Case No. 112 of 2023 for offences under ss. 420 and 120(B) IPC and ss. 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act 2016, wherein, per the prosecution, 4725.72 litres of illicit Indian made foreign liquor was recovered from a vehicle. Although the State pressed the bar of Section 76(2) of the Act, bail was granted on the view that recovery of illicit liquor prima-facie did not appear to have been made from the petitioner's physical possession; counsel noted the petitioner owned the vehicle, purchased from one Indu Sinha whose name still stood on the registration certificate, and relied on the Full Bench decision in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089 (anticipatory bail maintainable despite the Section 76(2) bar where no offence under that provision arises from the FIR), along with anticipatory bail already granted to a similarly situated co-accused, Manoj Kumar Mahto (Cr. Misc. No. 66162 of 2023, dated 15.02.2023). Release ordered upon arrest/surrender within four weeks on a bail-bond of Rs. 20,000/- with two like sureties, subject to conditions under section 438(2) CrPC / 482(2) BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.464 of 2026

Arising Out of PS. Case No.-112 Year-2023 Thana- PATEPUR District- Vaishali

======================================================

Raj Kishore Ray @ Malahu S/o- Sonelal Ray Village- Chakamir Banki PSBaligaon Distt- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms.Suruchi Anand For the Opposite Party/s : Ms.Sucheta Yadav ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 09-02-2026

Heard the parties.

The petitioner is apprehending his arrest in

connection with Patepur P.S. Case No. 112 of 2023 for the offences punishable u/s 420 and 120(B) of the Indian Penal Code and Sections 30(a), 32 (ii) and 41 (i) of the Bihar Prohibition and Excise Act 2016.

As per the prosecution case, total 4725.72 litres of illicit Indian made foreign liquor was recovered from the vehicle.

Learned counsel for the petitioner has submitted

that the petitioner is innocent and has falsely been implicated

in this case as he is the owner of the alleged vehicle which

was purchased by him from one Indu Sinha, but still

Patna High Court CR. MISC. No.464 of 2026(2) dt.09-02-2026 2/3

registration certificate of the vehicle in issue is in favour of Indu Sinha and was not transferred in favour of petitioner. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 . The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out. While concluding the argument, it is submitted that similarly situated co-accused namely Manoj Kumar Mahto has already granted anticipatory bail by coordinate Bench of this Court through Cr. Misc. No. 66162 of 2023 dated 15.02.2023. Petitioner is a man of clean antecedent.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.

Patna High Court CR. MISC. No.464 of 2026(2) dt.09-02-2026 3/3

Considering the aforesaid facts and

circumstances of the case as well as the nature of accusation, where recovery of illicit liquor prima-facie not appears to be made from the physical possession of petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of four weeks from today, be released on bail upon furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Prohibition and Excise Court-II, cum District and Additional Sessions Judge, Hajipur at Vaishali in connection with Patepur P.S. Case No. 112 of 2023 subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

S.Tripathi/-