Patna High Court
Dev Ray @ Rajdev RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs 5,000 with two sureties.
Summary
The petitioner, Dev Ray @ Rajdev Rai, was arrested in connection with an alleged seizure of 1,000 litres of liquor and charged under Section 30(a) of the Bihar Excise Act. He contended that he was not caught in the act, that the liquor was recovered from a public riverbank and not from his possession, and that the complainant, a chowkidar, had a personal enmity with him and failed to inform police earlier. The petitioner had been in custody since 30‑01‑2026 and sought bail, assuring the court of his cooperation and that he would not abscond. The State opposed bail, arguing the seriousness of the offence. The court, after considering the lack of direct apprehension, the public nature of the alleged recovery site, and the questionable motive of the complainant, ordered the petitioner’s release on bail upon furnishing a bond of Rs 5,000 with two sureties of equal amount.
Issues considered
- What is the appropriate discretion of the court in granting bail to a person accused under Section 30(a) of the Bihar Excise Act where the alleged offence involves large quantity of liquor and the accused was not apprehended in possession?
Subjects
- bail
- excise law
- Section 30(a)
- Bihar Excise Act
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24501 of 2026
Arising Out of PS. Case No.-860 Year-2025 Thana- MANER District- Patna
======================================================
Dev Ray @ Rajdev Rai S/O Sohan Ray R/O Village- Daudpur Chakiya Tola
Chhitnawan Bagicha, P.S- Maner, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 1000
liters of liquor from a place near Ganga-Sone river side.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.24501 of 2026(2) dt.18-04-2026
2/2
at the instance of Chowkidar with whom he is on an inimical
term. It is also submitted that if Chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
also submitted that petitioner is in custody since 30.01.2026 and
if privilege of bail is granted, the petitioner will not abscond
rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Maner
P.S. Case No. 860 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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