Patna High Court
BUDHIRAM RAI @ BUDHIRAM RAYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Budhiram Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 68.7 litres of illicit foreign liquor from a motorcycle. He claimed innocence, stating that no incriminating article was found in his possession, and highlighted his clean criminal record and the relatively short period of custody since 13 March 2026. The State opposed bail, but the court considered the petitioner’s clean antecedent and the circumstances of the case. Justice Sandeep Kumar allowed the regular bail application, imposing a cash bond of Rs. 10,000 with two sureties and additional conditions of a Rs. 25,000 deposit and regular police station attendance. The order clarified that its observations are prima facie and do not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and period of custody justify the grant of regular bail.
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26127 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- DUMRAO District- Buxar
======================================================
BUDHIRAM RAI @ BUDHIRAM RAY S/o- Late Chotak Rai @ Chhotak
Ray R/v- Maharaura Ps- Dumraon Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Pathak, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Dumraon P.S. Case No. 37 of 2026, registered under Section
30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 68.7 litres of illicit foreign liquor
from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. No
incriminating article has been recovered from the possession of
the petitioner. The petitioner has no criminal antecedent and he
is in custody since 13.03.2026.
5. Learned A.P.P. for the State has opposed the prayer
for bail.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.26127 of 2026(2) dt.21-04-2026
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case, clean antecedent of the petitioner and also period of
custody, this bail application is allowed.
7. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 1,
Buxar/successor court in connection with Dumraon P.S. Case
No. 37 of 2026, subject to the condition that:
(i). The petitioner shall deposit a
sum of Rs. 25,000/- (Rupees Twenty-
Five Thousand only) with
Ramakrishna Math, Village Jharha
(near Matua Pahar), P.O. Gurua,
Dist. Gayaji, Bihar, and shall
produce a valid receipt thereof
before the court below. The bail
bonds shall be accepted only after
verification of the genuineness of
the said receipt.
(ii) The petitioner shall mark his
attendance at Dumrao Police
Station on the first and third
Sunday of each month. In the event
of default, the bail bonds shall be
liable to be cancelled.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.26127 of 2026(2) dt.21-04-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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