Patna High Court
Raj Kishor RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that in view of the absence of any material evidence linking the petitioners to the seized liquor, anticipatory bail could be granted subject to the conditions prescribed under Section 482(2).
Summary
The petitioners, Raj Kishor Ray and Rajesh Ray, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 306 litres of Nepali Saufi liquor recovered from the Bagmati river. They contended that the allegations were politically motivated and that no liquor was found in their conscious possession. The State opposed their request for anticipatory bail. The court examined the lack of direct recovery from the petitioners and the clean antecedent record presented. Considering these facts, the court ordered that anticipatory bail be granted, subject to a bail bond of Rs.10,000 and two sureties, and conditioned under Section 482(2) of the applicable law. The order directs compliance with the conditions before the trial court in Sitamarhi.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the absence of recovery of liquor from the petitioners' conscious possession justifies the grant of anticipatory bail.
- Whether conditions under Section 482(2) can be imposed while granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- liquor seizure
- political victimisation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 16019 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
1. Raj Kishor Ray, aged about 50 years, Male, S/o Bhikhar Ray R/o Village -
Masaha Alam @ Masha, P.S. - Bairgania, District - Sitamarhi
2. Rajesh Ray, aged about 45 years, Male S/o Lakhan Rai R/o Village - Masha
@ Masaha Alam, P.S. - Bairgania, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation in the FIR, total 306 litres Nepali
Saufi liquor were recovered from eleven sacks from the eastern
bank of Bagmati river in front of Maniyari Kharahiya Tola
Dhala.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case due to dirty
village politics. He next submits that the name of both the
Patna High Court CR. MISC. No. 16019 of 2026(2) dt.25-03-2026
2/2
petitioners were disclosed by local Chowkidar and they were
not arrested at the spot, nothing has been recovered from the
conscious possession of the aforesaid liquor from the petitioners
and petitioners have got clean antecedent as stated in para-3 of
the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
6. In view of the aforesaid facts as well as the fact that
there is no recovery of the aforesaid liquor from the conscious
possession of the petitioners, so let the above named two
petitioners be released on anticipatory bail, in the event of their
arrest or surrender before the trial court within a period of six
weeks from today on furnishing bail bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court
No. 1, Sitamarhi in connection with Suppi P.S. Case No. 328 of
2025, subject to the conditions as laid down under Section
482(2) of BNSS.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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