Patna High Court
Rampravesh RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with a monetary bond and conditions, despite the prior antecedents and procedural issues.
Summary
Rampravesh Ray applied for bail in a case registered under Section 30(a) of the Bihar Prohibition & Excise Act, where 100 litres of illicit liquor were seized from bushes beside his house. The petitioner argued that the seizure was not from his possession and that the police failed to comply with Section 105 of the BNSS during the seizure, contending that he was framed due to his five prior criminal cases. The State opposed the bail, citing the nature of the offence and the petitioner’s antecedents. After hearing both sides, the Court granted bail, imposing a bond of Rs.10,000 with two sureties and a condition that the petitioner not engage in similar offences. The bail order was directed to be executed before the Special Judge Excise‑1, Saran.
Issues considered
- Whether bail should be granted when the seized liquor was not in the petitioner’s possession
- Whether non‑compliance with Section 105 of the BNSS by police affects bail eligibility
- Impact of the petitioner’s prior criminal antecedents on the bail decision
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural lapse
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21097 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- DERNI BAZAR District- Saran
======================================================
Rampravesh Ray S/O Late Tipan Ray R/O Vill.- Pirari, P.S- Derni, Dist-
Saran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, 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 Derni P.S. Case No.71 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. The case of the prosecution, in short, is that from
the bushes besides the house of the petitioner, altogether 100
liter of country made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that from perusal of the seizure list
itself it is clear that nothing has been recovered from the
possession of this petitioner rather the recovery has been made
besides the house of the petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
Patna High Court CR. MISC. No.21097 of 2026(2) dt.02-04-2026
2/2
list are police personnel and police have not complied Section
105 of the BNSS while making seizure. Learned counsel for the
petitioner has submitted that the petitioner has been framed in
this case only because of his criminal antecedents. Petitioner is
having criminal antecedent of five cases. Learned counsel for
the petitioner has further submitted that the petitioner is in
judicial custody since 27.02.2026.
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 with the condition that
the petitioner shall not indulge himself in similar nature of
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 court of learned Special Judge Excise-1,
Saran at Chapra in connection with Derni P.S. Case No.71 of
2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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