Patna High Court
Guddu Ray @ Gudu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Guddu Ray, was arrested in connection with a case involving the alleged possession and recovery of 230 litres of liquor, gas cylinders and a stove, and the destruction of 10,000 litres of semi‑fermented liquor, alleged under Sections 30(a), 30(b) and 30(c) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, asserting that no incriminating article was recovered from his possession and that the recovery occurred in a public area. He also highlighted the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and pointed to his six prior criminal antecedents. The State opposed the bail application, arguing the seriousness of the offences. After considering the facts, the court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences. The bail was ordered subject to these conditions, and the trial court was directed to cancel the bail if any condition is violated.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act offences.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- false implication
- evidence tampering
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10969 of 2026
Arising Out of PS. Case No.-1244 Year-2025 Thana- SONEPUR District- Saran
======================================================
Guddu Ray @ Gudu Rai Son of Late Wakil Ray @ Late Bakil Ray R/O
Village Rahimpur, P.S.- Sonepur, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sonepur
P.S. Case No. 1244 of 2025 instituted for the offences
punishable under Sections 30(a), 30(b), 30(c) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 230 litres
of liquor along with 2 gas cylinders and 2 gas stove has been
recovered from plastic sac and tyre. Further, 10,000 litres of
semi-fermented liquor was destroyed on the spot.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.10969 of 2026(2) dt.19-02-2026
2/3
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 12.01.2026 and has six
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Sonepur P.S. Case
No. 1244 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
Patna High Court CR. MISC. No.10969 of 2026(2) dt.19-02-2026
3/3
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…