Patna High Court
Sohan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, subject to bond and conditions, finding that the circumstances warranted release.
Summary
The petitioners, Sohan Ray and Vashist Ray, were arrested after 450 litres of Nepali liquor was seized from two motorcycles, and were charged under Sections 274, 275 and 3(a) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended that they were neither owners nor riders of the motorcycles, that no incriminating material was found in their possession, and that they had no knowledge of the liquor, seeking bail. The State opposed the bail application. The Court examined the facts, the period of custody since 15 January 2026, the lack of direct evidence, and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. Considering these circumstances, the Court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses. The bail order was issued subject to cancellation if conditions are violated.
Issues considered
- Whether bail should be granted to the accused under Sections 274, 275, 3(a) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts.
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for bail have been satisfied.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(a)
Subjects
- bail
- prohibition law
- liquor seizure
- criminal procedure
- presumption of innocence
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14034 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- BASOPATTI District- Madhubani
======================================================
1. Sohan Ray S/o- Ashok Ray R/o village - Dubahi, Mahinathpur , Janki Nagar
P.s- Basopatti , District- Madhubani
2. Vashist Ray @ Bashist Ray S/o- Dinesh Ray R/o village - Dubahi,
Mahinathpur , Janki Nagar P.s- Basopatti , District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
Mr.Rajesh Kumar, Advocate
For the Opposite Party/s : Mr.Kanhiya Kishor, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Basopatti P.S. Case No. 12 of 2026, instituted for the offences
punishable under Sections 274, 275 and 3(a) of the Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 450
liters of Nepali liquor was recovered from two motorcycles.
Petitioners were arrested on the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.14034 of 2026(2) dt.26-02-2026
2/3
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel further submitted that the petitioners were neither owner
nor rider of the motorcycles and they have no knowledge and
concern with the said vehicles. The petitioners are in custody
since 15.01.2026. Petitioner no.1 has no criminal antecedent,
whereas petitioner no.2 has one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Basopatti P.S. Case
No. 12 of 2026, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or
close member.
Patna High Court CR. MISC. No.14034 of 2026(2) dt.26-02-2026
3/3
(II) The petitioners 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 petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.