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 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
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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
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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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