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Patna High Court

Guddu Ray @ Gudu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a monetary bond and specific conditions.

Summary

The petitioner, Guddu Ray, sought bail in a case (Sonepur P.S. Case No. 1240 of 2025) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, where 200 litres of liquor were recovered from a public area near the Ganga river. The petitioner claimed false implication, noting no liquor was found in his possession and that the recovery was from an open place. The State opposed bail, highlighting the petitioner’s six prior criminal antecedents and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court, considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and several conditions, including appearance at trial, non‑tampering with evidence, and refraining from similar offences. The bail order was conditioned on the trial court’s authority to cancel the bond if conditions are violated.

Issues considered

  • Whether bail should be granted to the petitioner despite prior criminal antecedents and alleged involvement in a liquor seizure under the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 103
  • prior antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11038 of 2026
                       Arising Out of PS. Case No.-1240 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Guddu Ray @ Gudu Rai S/o 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. 1240 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 200 litres

                   of liquor has been recovered near Ganga river.

                               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

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.11038 of 2026(2) dt.19-02-2026
                                             2/3




          petitioner has got no concern with the alleged recovery of

          liquor. The petitioner is in custody since 16.01.2026 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. 1240 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.

                        (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.11038 of 2026(2) dt.19-02-2026
                                                       3/3




                     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


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