Patna High Court
Dharmendra RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the procedural irregularities in the seizure and the petitioner’s right to bail outweigh the State’s reliance on prior criminal antecedents, and therefore regular bail was granted.
Summary
Dharmendra Ray was arrested on his cycle with 80 litres of country-made liquor and charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner contended that no liquor was recovered from his possession and that the police seizure violated Section 105 of the BNSS, also noting his custody since 20‑12‑2025. The State opposed bail, citing four prior criminal cases. The court examined the alleged procedural lapse and the relevance of the petitioner’s antecedents, and decided to grant regular bail. He was released on a bail bond of Rs.10,000 with two sureties, subject to satisfaction of the Exclusive Special Excise Judge, Saran.
Issues considered
- Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure of liquor justifies granting regular bail.
- Whether the petitioner’s four prior criminal cases preclude the grant of bail for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure procedure
- criminal antecedent
- regular bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16012 of 2026
Arising Out of PS. Case No.-735 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
Dharmendra Ray Son of Late Ramlayak Ray Resident of Village- Ramnagar,
P.S.- Chapra Muffasil, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that the
petitioner was on his cycle he was apprehended and from the cycle
altogether 80 liters of country made liquor was recovered.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this petitioner.
Learned counsel for the petitioner has submitted that the witnesses
of the seizure list are police personnel and police has not complied
Section 105 of the BNSS while making seizure. It has further been
submitted that petitioner is in custody since 20.12.2025.
5. Learned APP appearing for the state has opposed the
Patna High Court CR. MISC. No.16012 of 2026(2) dt.13-03-2026
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prayer of regular bail and has submitted that the petitioner is
having criminal antecedent of four cases.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioner on bail. The
above named petitioner is directed to be released on bail in
connection with Chhapra Town P.S. Case No. 735 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned 1 st
Exclusive Special Excise Judge, Saran at Chhapra.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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