Patna High Court
Chandeshwar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and sureties, as the allegations did not demonstrate a likelihood of flight or evidence tampering.
Summary
The petitioner, Chandeshwar Ray, was arrested in connection with the alleged recovery of 2,053.08 litres of liquor from three vehicles and charged under Sections 30(a), 32(2), 38(2) and 41(1) of the Bihar Excise Act. He contended that he had no prior criminal record, was not caught in the act, and that the liquor was seized from a vehicle he owned but was driven by another person who fled the scene. The State opposed bail, arguing the seriousness of the offences. The court examined whether ownership of the vehicle alone justified continued detention and considered the petitioner’s claim of lack of knowledge and cooperation with the trial. Concluding that the petitioner was not a flight risk and that the evidence did not directly link him to the possession of the liquor, the court ordered his release on bail with a bond of Rs. 500 and two sureties, subject to the conditions of Section 482(2) of the CrPC.
Issues considered
- Whether bail should be granted to a person accused under the Bihar Excise Act for alleged seizure of liquor from a vehicle he owned.
- Whether ownership of the vehicle used in the alleged offence is sufficient ground to deny bail.
- Whether the petitioner poses a risk of absconding or tampering with evidence.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- bail
- excise law
- vehicle ownership
- criminal procedure
- Section 482 CrPC
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16203 of 2026
Arising Out of PS. Case No.-87 Year-2021 Thana- PATEPUR District- Vaishali
======================================================
Chandeshwar Ray Son of Late Shivji Rai Resident of Village- Mahisour PS
-Jandaha District -Vaishali Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 32(2), 38(2) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2053.08 liters of liquor from three vehicles.
4. Learned counsel for the petitioner submits that the
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
seized vehicles. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
Patna High Court CR. MISC. No.16203 of 2026(2) dt.16-04-2026
2/2
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that his driver would misuse the vehicle in the manner
as alleged who also fled from the spot. It is next submitted that
petitioner is in custody since 30.01.2026. It is further submitted
that if privilege of bail is granted, the petitioner will not abscond
rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Patepur
P.S. Case No. 87 of 2021 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Rishabh/-
U T
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