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Patna High Court

Randhir RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding insufficient evidence of his involvement and procedural lapses in the investigation.

Summary

Randhir Ray was arrested on 25 February 2026 in connection with a case involving the seizure of 50 litres of illicit liquor behind a temple, alleged to violate Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The petitioner claimed he was falsely implicated, that the seizure was made without his possession, and that the investigation violated Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail, noting five other similar cases against the petitioner, though he was already on bail in those matters. The court observed that no material was recovered from the petitioner's conscious possession and that procedural non‑compliance existed, and therefore granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner's criminal antecedents without delaying the release.

Issues considered

  • Whether bail should be granted when the investigation shows non‑compliance with Sections 103 and 105 of the BNSS Act, 2023.
  • Whether the petitioner’s prior criminal antecedents and pending cases preclude bail.
  • Whether the seizure of illicit liquor without the petitioner's possession suffices for continued detention under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Subjects

  • bail
  • illicit liquor
  • prohibition
  • excise
  • BNSS Act
  • procedural compliance
  • criminal antecedent
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25194 of 2026
                   Arising Out of PS. Case No.-677 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Randhir Ray S/O Late Munilal Ray R/O Village- Katra, P.S- Bhagwan Bazar,
                 Distt.- Saran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raushan Raj, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-04-2026                     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

                   25.02.2026, in connection with Bhagwan Bazar P.S. Case No.

                   677 of 2025, F.I.R. dated 09.12.2025 registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition &

                   Excise Act, 2016.

                                3. Recovery is of 50 litres of illicit liquor.

                                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 it appears from the F.I.R.

                   as well as seizure list that recovery has been made behind the

                   Temple and petitioner has been made accused in the present
Patna High Court CR. MISC. No.25194 of 2026(2) dt.16-04-2026
                                            2/3




          case merely on the basis of suspicion and his previous criminal

          antecedent of the similar nature and except the suspicion,

          nothing has come during investigation to suggest the

          involvement of the petitioner in the present occurrence. He

          further sumits that it appears from the seizure list that the

          seizure list witnesses are police personnel so there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 25.02.2026.

                       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 the pending matters.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and 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
               Patna High Court CR. MISC. No.25194 of 2026(2) dt.16-04-2026
                                                           3/3




                         Bazar P.S. Case No. 677 of 2025, subject to the following

                         conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         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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