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Patna High Court

Suresh Ray @ Suresh RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Suresh Ray was arrested in connection with the seizure of 2,376 litres of illicit foreign liquor from a truck, and charged under several sections of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the truck, was forced by police to act as a witness, and had no prior criminal record, having been in judicial custody since 19‑02‑2026. The State opposed his bail application. After hearing both sides, the Court found the circumstances sufficient to justify bail and ordered the petitioner to be released on a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Exclusive Special Judge, Excise Court No. 1, Sitamarhi.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged possession and transport of illicit foreign liquor under the B.N.S., 2023 and the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20553 of 2026
                    Arising Out of PS. Case No.-69 Year-2026 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Suresh Ray @ Suresh Rai Son of Chandeshwar Rai Resident of Village
                 Manpur Ratnawali, P.S.- Runni Saidpur, District - Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :       Mrs. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Runnisaidpur P.S. Case No. 69 of 2026 registered for the

                   offence punishable under Sections 338 (467 of the I.P.C.),

                   336(3) (468 of I.P.C.), 340(2)(471 of I.P.C.) 238(201 of I.P.C.)

                   of B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   truck, altogether 2376 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
          Patna High Court CR. MISC. No.20553 of 2026(2) dt.31-03-2026
                                                      2/2




                    case. He also submits that the recovery has been made from the

                    truck and the petitioner is neither the owner nor the driver of the

                    said truck. He further submits that the house of the petitioner is

                    adjacent to the place where the recovery was made and he was

                    forced by the police to become a witness of the seizure list,

                    which he denied, upon which he has been implicated in this

                    case. Moreover, a statement has been made in para 3 of the

                    petition that petitioner has no criminal antecedent and he is

                    languishing in judicial custody since 19.02.2026.

                                 5. The application for bail is opposed by learned APP

                    for the State.

                                 6. Having heard learned counsel for the parties and

                    considering the facts and circumstances of the case, this Court is

                    inclined to enlarge the petitioner on bail. The above named

                    petitioner is directed to be enlarged on bail on furnishing bail

                    bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                    of the like amount each to the satisfaction of the learned

                    Exclusive Special Judge, Excise Court No. 1, Sitamarhi in

                    connection with Runnisaidpur P.S. Case No. 69 of 2026.


                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T


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