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Patna High Court

Chandeshwar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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