Patna High Court
Krishna RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Krishna Ray was arrested on 30 January 2026 in connection with a case involving the recovery of 30 litres of illicit liquor, alleged to violate Sections 30(a), 30(c), 34 and 36 of the Bihar Prohibition and Excise Act. The petitioner contended that the FIR was fabricated, that he had no involvement in the liquor recovery, and that his prior criminal record was being used to implicate him. The State opposed bail, noting two other pending cases against the petitioner, although he was already on bail in those matters. The Court examined the bail petition, the nature of the offences, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.
Issues considered
- Whether the petitioner is entitled to bail for offences under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents and other pending cases justify denial of bail.
- Whether the allegations in the FIR are false and sufficient to deny bail.
Subjects
- bail
- prohibition and excise
- illicit liquor
- criminal antecedent
- FIR
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14982 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- DARIYAPUR District- Saran
======================================================
Krishna Ray Son of Basedev Ray Resident of village- Bajahia, Hukrah, Ps-
Dariyapur, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shweta Anand, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-03-2026 Heard Ms.Shweta Anand, learned counsel for the
petitioner and Mr.Jai Narain Thakur, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
30.01.2026 in connection with Dariyapur P.S. Case No. 79 of
2026, F.I.R. dated 30.01.2026 registered for the offence
punishable under Sections 30(a),30(c),34 and 36 of Bihar
Prohibition and Excise Act.
3. Recovery is of 30 liters of illicit liquor.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. It appears from the FIR itself that altogether
30 liters of illicit liquor was recovered from the open space and
Patna High Court CR. MISC. No.14982 of 2026(2) dt.09-03-2026
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petitioner has no concern at all with the alleged recovery of
illicit liquor and he has been made accused in the present case
due to his previous criminal antecedents and the petitioner is in
custody since 30.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
two more cases other than the present one but fairly submits that
the petitioner is on bail in both the cases, as mentioned in para-3
of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge Excise-1, Saran
at Chapra in connection with Dariyapur P.S. Case No. 79 of
2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.14982 of 2026(2) dt.09-03-2026
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for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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