Patna High Court
Suresh Ray @ Suresh RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 238, 336(3), 338, 340(2)
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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