Patna High Court
Sudhar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Sudhar Ray, sought anticipatory bail in a case (Aurai PS Case No. 211 of 2025) involving alleged possession of 816.48 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that his name was implicated solely on the basis of a co-accused's statement, that he had no involvement in the liquor recovery, and that the prosecution had failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, rendering the case prima facie weak. The State opposed the bail, highlighting the petitioner’s four prior convictions of a similar nature and arguing that he did not merit anticipatory bail. The Court, after weighing the antecedents and the seriousness of the offence, declined to grant anticipatory bail. It directed that if the petitioner surrenders within four weeks, a regular bail application may be considered by the lower court without prejudice to this order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite four prior convictions of a similar nature.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- prior convictions
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16571 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Sudhar Ray S/o Sewak Ray Resident of Village- Dhasna, P.S.- Aurai, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Aurai PS Case No. 211 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 816.48
litres of liquor was recovered from a pickup van.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
The name of the petitioner transpired in this case on the basis of
disclosure made by apprehended co-accused person. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner has four (4) criminal antecedents. There is
Patna High Court CR. MISC. No.16571 of 2026(2) dt.13-03-2026
2/2
no compliance of Section 103 of the Bharatiya Nagarika
Suraksha Sanhita, 2023. Learned counsel for the petitioner,
therefore, contends that prima-facie no case is made out against
the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner. It is fervently
submitted that petitioner bears four (4) criminal antecedent/s
that too of the similar nature, hence, he does not deserve the
privilege of anticipatory bail.
6. Considering the aforesaid facts and circumstances
of the case as also taking into account the fact that petitioner
bears four (4) criminal antecedents of the similar nature, this
Court is not inclined to grant anticipatory bail to the petitioner.
Prayer for grant of anticipatory bail is hereby rejected.
7. However, if the petitioner surrenders before the
court below within a period of four weeks from today and prays
for regular bail, the same would be considered by the court
below in accordance with law without being prejudiced by the
order of this Court.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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