Patna High Court
Satyanarayan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Satyanarayan Ray was arrested in connection with a case alleging possession of 1,000 litres of liquor recovered near Ganga ghat, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his possession, and that he has no prior criminal record. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, noting the lack of incriminating material on the petitioner and the period of custody already served, decided to grant bail. The petitioner was ordered to furnish 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 in the absence of incriminating material and prior criminal record.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal procedure
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2434 of 2026
Arising Out of PS. Case No.-610 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Satyanarayan Ray S/o Ramachandra Ray Permanent R/o - Nuruddinganj, P.S
- Malsalami, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sikandar, Advocate
Mr. Pramod Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Malsalami P.S. Case No. 610 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 1000
litres of liquor has been recovered near Ganga ghat from twenty
jute bags.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.2434 of 2026(2) dt.20-01-2026
2/2
from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 01.12.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Malsalami P.S. Case
No. 610 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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