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Patna High Court

Randhir RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.22696 of 2026(2) dt.07-04-2026
                                                           3/3




                         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//-

U          T


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