Patna High Court
Ram Kripal RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court grants anticipatory bail to the petitioner subject to the conditions stipulated under the BNSS Act, 2023.
Summary
Ram Kripal Ray sought anticipatory bail after the police alleged his involvement in a prohibition case concerning 142.5 litres of illicit liquor, filed under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued he was not named in the FIR and that his name appeared only because a relative had borrowed his motorcycle for medical treatment; he claimed a clean criminal record. The State opposed bail, contending possible involvement. The High Court, considering the facts, granted anticipatory bail for a period of four weeks, requiring a Rs.30,000 bail bond under Section 2(1)(d) of the Bail and Security of the State (BNSS) Act, 2023 and imposing conditions under Section 482(2) of the same Act, including appearance before the trial court and verification of criminal antecedents. The order also directed the trial court to cancel the bail if the petitioner concealed any prior offences. The bail bond is to be submitted to the Exclusive Special Excise Court No. 2, Sitamarhi.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the BNSS Act, 2023 in a prohibition case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bail and Security of the State (BNSS) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(3)
Subjects
- anticipatory bail
- prohibition law
- illicit liquor
- Bihar Prohibition Act
- BNSS Act
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26873 of 2026
Arising Out of PS. Case No.-1443 Year-2025 Thana- SITAMARHI District- Sitamarhi
======================================================
Ram Kripal Ray S/o Late Ram Ashish Ray R/o Village- ward no. 6,
Sonbarasa @ Sonbarsa, P.S. - Sonbarsa, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Prohibition P.S. Sitamarhi Case No. 1443 of 2025, dated
25.11.2025, lodged under Sections 30(a) & 32(3) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 142.500
litres of illicit liquor has been made, which is the subject matter
of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that nothing has been recovered from the possession of
the petitioner. He also submits that the petitioner is not named in
the FIR, and his name has figured in this case merely on the
Patna High Court CR. MISC. No.26873 of 2026(2) dt.22-04-2026
2/3
basis of ownership of the alleged vehicle. However, the
petitioner has stated in paragraph 13 of the bail application that
one of his relatives had borrowed the petitioner’s motorcycle for
medical treatment. Furthermore, he submits that the criminal
antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Court No. 2, Sitamarhi,
in connection with Prohibition P.S. Sitamarhi Case No. 1443 of
2025, subject to the conditions as laid down U/s 482(2) of the
BNSS, 2023 with other following conditions:-
(i) one of the bailor should be the
family member of the petitioner who shall
provide official document to show his bona
fide;
(ii) the petitioner shall appear on
each and every date before the Trial Court
and failure to do so for two consecutive dates
Patna High Court CR. MISC. No.26873 of 2026(2) dt.22-04-2026
3/3
without plausible reason will entail
cancellation of his bail bonds by the Trial
Court itself.
7. It is further directed that the Trial Court shall verify
the criminal antecedent of the petitioner, and in case it is found
at any stage that the petitioner has concealed his criminal
antecedent, the Trial Court shall take steps for cancellation of
the petitioner’s bail bond. However, the acceptance of the bail
bond in terms of the above-mentioned order shall not be delayed
for the purpose of or in the name of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.