Patna High Court
Rakesh RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Rakesh Ray, was arrested after police recovered 810 litres of Nepali liquor allegedly being smuggled through his village. He was charged under Sections 274, 275, 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passerby, no liquor was found in his possession, and he was implicated only on suspicion, emphasizing his clean antecedent and willingness to cooperate. The State opposed his bail, arguing the seriousness of the offence. Considering the lack of incriminating material on the petitioner, his clean record, and the circumstances of his custody, the Court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under Sections 274, 275, 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- BNS — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- suspicion
- clean antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10971 of 2026
Arising Out of PS. Case No.-180 Year-2025 Thana- MADHWAPUR District- Madhubani
======================================================
Rakesh Ray S/o Shatrughan Ray @ Satrughan Ray @ Satrudhan Ray R/o
village- Balwa , P.s- Madhwapur, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate.
Mr. Gagan Deo Yadav, Advocate.
For the Opposite Party/s : Mr. Umanath Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
under Sections 274, 275, 3(5) of the BNS and Section 30(a) of
Bihar Prohibition and Excise Act.
3. As per the prosecution case, on getting secret
information that the illicit consignment of liquor is to be crossed
from the gate of Village Balwa, the police party reached there
and recovered 810 litres Nepali country made liquor from the
sacks. It is alleged that petitioner was apprehended on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. He further submits that petitioner is simply a passerby and
Patna High Court CR. MISC. No.10971 of 2026(2) dt.17-02-2026
2/2
he has no concern with the alleged seized liquor. Learned
counsel submits that no incriminating article has been recovered
from the conscious possession of petitioner and he has been
made accused in this case only on the basis of suspicion. He
further submits that petitioner has got clean antecedent and there
is no chance of his absconding or tampering with the evidence.
Petitioner is in custody since 22.12.2025 and he undertakes to
cooperate in the investigation and trial.
5. Learned A.P.P. for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, the submissions of learned counsel for the parties, nature
of allegation against the petitioner and the period of custody as
well as his clean antecedent, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Court concerned in connection with
Madhwapur P.S. Case No.180 of 2025.
(Sunil Dutta Mishra, J)
Ritik/-
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