Patna High Court
Ganesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
Ganesh Ray applied for anticipatory bail fearing arrest in a case (Bheldi P.S. Case No. 127 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act alleging possession of 3 litres of illicit liquor. The prosecution alleged the liquor belonged to the petitioner, while he claimed innocence and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The High Court, noting that the petitioner was not caught in the act, granted anticipatory bail on a bond of Rs.10,000 with two sureties, conditioned on the donation, regular attendance at the police station every Sunday, and compliance with Section 438(2) of the CrPC and Section 482 of the BNSS. The order expressly limited its effect to the bail application and did not prejudice the merits of the trial. The bail bonds are to be verified upon production of the donation receipt.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC in the context of the alleged offence under the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including a charitable donation and regular police station attendance, are appropriate and lawful.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 CrPC
- Section 482 BNSS
- charitable donation condition
- police attendance condition
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38618 of 2026
Arising Out of PS. Case No.-127 Year-2026 Thana- BHELDI District- Saran
======================================================
Ganesh Ray S/o Late Ramdev Rai R/o Village- Chainpur, P.S- Bheldi, Dist-
Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kumar Yadav, Advocate
For the State : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in connection with
Bheldi P.S. Case No. 127 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of 3
liters of illicit liquor which as per the Chowkidar belongs to the
petitioner.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
Patna High Court CR. MISC. No.38618 of 2026(2) dt.17-06-2026
2/3
6. Considering the fact that the petitioner was not
caught on the spot, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Sessions Judge-cum- Exclusive Special Court Excise Act-1,
Saran at Chapra/ concerned Court below in connection with
Bheldi P.S. Case No. 127 of 2026, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.
Circuit House, Chapra, Bihar and produce the receipt of the
same before the Court below. The bail bonds of the petitioner
shall be accepted after verifying the genuineness of the receipt
produced by the petitioner.
9. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Bheldi Police Station on every Sunday of each
Patna High Court CR. MISC. No.38618 of 2026(2) dt.17-06-2026
3/3
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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