Patna High Court
Suman Ray @ Suman RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Suman Ray and Soumya Bakshi, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 279 litres of liquor. They contended that they were neither the owners nor the drivers of the vehicle, had no knowledge of the contraband, and that no incriminating material was found in their possession. The State opposed bail, but the petitioners highlighted their lack of prior criminal record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the facts, the court found no sufficient ground to keep them in custody and ordered bail. Each petitioner was released on a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants continued detention.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2086 of 2026
Arising Out of PS. Case No.-214 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
1. Suman Ray @ Suman Rai Son of Sahodep Ray @ Sahadeb Roy Resident of
Village/ Mohalla- Champasari Ward No. 2, P.S.- Darjeeling Sadar, District-
Darjeeling (West Bengal)
2. Soumya Bakshi @ Soumya Bagchi @ Somya Bakhsi Son of Somiran
Bakhsi Resident of Village/ Mohalla- Suryasan Colony Ward No. 34, P.S.-
New Jalpaiguri, District- Jalpaiguri, (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr.Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Bhaptiyahi P.S. Case No. 214 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 279
liters of liquor was recovered from Pick-up.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.2086 of 2026(2) dt.19-01-2026
2/2
got no concern with the alleged recovery of liquor. The
petitioners were neither owner nor driver of the vehicle and they
have no knowledge regarding nature of goods loaded on the
vehicle. The petitioners are in custody since 16.10.2025 and
have got no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bhaptiyahi P.S. Case
No. 214 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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