Patna High Court
Harendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Harendra Ray was arrested in connection with a case involving the recovery of 250 litres of liquor and charged under IPC sections 272, 273, 34 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, asserting that no incriminating material was found in his possession and that the liquor was recovered from an open area accessible to all. He had six prior criminal convictions, and the State opposed his bail, citing his antecedents and alleged non‑compliance with Section 103 of the Bihar Narcotic Substances Act, 2023. The court noted that a co‑accused had already been granted anticipatory bail and, after considering the circumstances and the period of custody, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, a family member as one bailor, regular court appearances, non‑tampering with evidence or witnesses, and refraining from similar offences.
Issues considered
- Whether bail should be granted to the petitioner despite six prior criminal convictions.
- Whether the petitioner’s alleged non‑compliance with Section 103 of the Bihar Narcotic Substances Act, 2023, precludes bail.
- Whether the grant of anticipatory bail to a co‑accused influences the bail decision for the petitioner.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- criminal antecedents
- anticipatory bail
- evidence tampering
- Section 103 B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13283 of 2026
Arising Out of PS. Case No.-188 Year-2021 Thana- RAGHOPUR District- Vaishali
======================================================
Harendra Ray Son of Late Mangal Ray R/O Village - Sukumarpur, P.S.-
Rustampur O.P., District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra, Advocate
For the Opposite Party/s : Mrs.Veena Kumari Jaiswal, APP
======================================================
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 Raghopur (Rustampur
O.P.) P.S. case No. 188/2021 instituted for the offences under
Sections 272, 273, 34 of the Indian Penal Code and Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 250 liters
liquor was recovered from plastic gallon.
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
Patna High Court CR. MISC. No.13283 of 2026(2) dt.25-02-2026
2/3
further submitted that recovery is made from open place which
is easily accessible to one and all. The petitioner is in custody
since 13.01.2026 and has got six criminal antecedents. There is
no compliance of Section 103 of B.N.S.S., 2023. Co-accused
has been granted even anticipatory bail by this Bench vide
order dated 19.01.2026 passed in Cr. Misc. No. 3392 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has six criminal antecedents.
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, after framing
of charge, if not already framed, 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 Raghopur (Rustampur O.P.) P.S. case No.
188/2021, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
Patna High Court CR. MISC. No.13283 of 2026(2) dt.25-02-2026
3/3
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…