Patna High Court
Randhir RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
Checking your session…