Patna High Court
Subhodh Kumar Ray @ Subodh Kr. RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Subhodh Kumar Ray was arrested as a passenger in a vehicle from which 2,332.8 liters of liquor were seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the contraband, was not the owner or driver, and had no prior criminal record, asserting that no incriminating material was found on him. The State opposed bail, arguing the seriousness of the offence. The court considered the lack of direct evidence, the petitioner’s custody duration since December 2025, and the fact that a co‑accused had already been granted bail. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties, releasing the petitioner.
Issues considered
- Whether bail should be granted to the accused in a special excise case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and lack of direct evidence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- special excise
- Section 30(a)
- liquor seizure
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13263 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- CHANDAN District- Banka
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Subhodh Kumar Ray @ Subodh Kr. Rai S/O Lal Babu Ray village- Nagar
Gama, Pharpur, ward no. 10, P.S.- Raghopur, District- Vaishali.. Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Bela Singh, Advocate
For the Opposite Party/s : Mrs.Meena Singh, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Special Excise Case No.
388 of 2025, arising out of Chandan P.S. case No. 127 of 2025
instituted for the offences under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 2332.8 liters
liquor was recovered from pick-up vehicle and the petitioner
was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that the petitioner was neither owner nor
Patna High Court CR. MISC. No.13263 of 2026(2) dt.25-02-2026
2/2
driver of the vehicle. The petitioner was merely sitting as a
passenger in the vehicle and had no knowledge regarding the
nature of goods kept in vehicle. The petitioner is in custody
since 09.12.2025 and has got no criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023. Co-accused
has been granted bail by this Bench vide order dated
04.02.2026 passed in Cr. Misc. No.7198 of 2026.
5. Learned A.P.P. 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 and 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 on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Excise Case
No. 388 of 2025, arising out of Chandan P.S. case No. 127 of
2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U
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