Patna High Court
Binod RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties, with a condition not to commit similar offences.
Summary
The petitioner, Binod Ray, applied for bail in a case where 108 litres of illicit foreign liquor were seized from a vehicle he was driving. He contended that he was merely a driver, had no knowledge of the liquor, and that the police seizure violated Section 105 of the BNSS. The State opposed bail, citing three prior similar offences against the petitioner. After hearing both sides, the Court considered the lack of direct possession and the procedural lapse in seizure. The Court granted bail on the condition of a Rs.10,000 bond with two sureties and directed the petitioner not to engage in similar offences in the future.
Issues considered
- Whether bail should be granted to the petitioner despite alleged involvement in illicit liquor possession.
- Whether the seizure complied with Section 105 of the BNSS, affecting the bail application.
- Whether the petitioner’s prior criminal antecedents warrant denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(i)(iii), 41(i)(ii)
- BNSS — s. 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- seizure
- Section 105 compliance
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20759 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Binod Ray Son of Late Dina Nath Ray Resident of Village- Jamira, P.S.- Ara
Muffasil, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Bhahua Prohibition and Excise Thana F.I.R. No. and P.R. No. 45
of 2026 registered for the offence punishable under Sections
30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that
altogether 108 liters of illicit foreign liquor was recovered from a
Triber car.
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 case. He also
submits that petitioner is merely a driver he was driving the car on
the instruction of the owner. The petitioner was unaware of the
Patna High Court CR. MISC. No.20759 of 2026(2) dt.02-04-2026
2/2
alleged liquor and recovery thereof. He further submits that
nothing has been recovered from the possession of the petitioner.
The witnesses of the seizure list are police personnel and the
police has not complied with Section 105 of the BNSS while
making the seizure. Moreover, the petitioner is languishing in
judicial custody since 29.01.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases of similar nature.
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 with the condition that
the petitioner shall not indulge himself in similar nature of the
offences in future. 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-II,
Kaimur in connection with Bhahua Prohibition and Excise Thana
F.I.R. No. and P.R. No. 45 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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