Patna High Court
Randhir RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Randhir Ray was arrested on 19 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 for possession of one litre of country‑made Mahua liquor and Rs.2,280. The petitioner claimed innocence and argued that the seizure violated Sections 103 and 105 of the Bihar Narcotic/Excise Sub‑Section (BNSS) Act, 2023. The State opposed bail, noting that the petitioner had five other similar cases pending, though three were already on bail. The Court examined the alleged procedural lapses and the nature of the offence, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made without delay for verification, and the conditions for cancellation were specified.
Issues considered
- Whether the alleged non‑compliance of Sections 103 and 105 of BNSS, 2023 warrants denial of bail.
- Whether the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 justifies refusal of bail.
- Whether the petitioner’s pending cases affect the grant of bail in the present matter.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- criminal procedure
- Bihar Prohibition & Excise Act
- BNSS 2023
- Mahua liquor
- seizure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22696 of 2026
Arising Out of PS. Case No.-147 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
Randhir Ray Son of Late Munilal Ray Resident of Village - Katra, P.S.-
Bhagwan Bazar, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Raushan Raj, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
19.02.2026, in connection with Bhagwan Bazar P.S. Case No.
147 of 2026, F.I.R. dated 18.02.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Act, 2016.
3. Recovery is of 01 litres of country made mahua
liquor and Rs. 2,280/- from the pocket of the petitioner..
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that from perusal of the F.I.R.
it appears that 01 litre of country made Mahua liquor and Rs.
Patna High Court CR. MISC. No.22696 of 2026(2) dt.07-04-2026
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2,280/- were recovered from the possession of the petitioner. He
further submits that although the allegation as alleged in the
F.I.R. that the recovery has been made from the possession of
the petitioner but it appears from the seizure list that there is
non-compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 19.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries five more cases
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in three cases and rest two cases are pending for
consideration before the competent court of law.
6. Considering the facts and circumstances of the case
and the fact that there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned 1st Exclusive Special Excise Judge,
Saran at Chapra in connection with Bhagwan Bazar P.S. Case
No. 147 of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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