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Patna High Court

Harendra RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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