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Patna High Court

Dheeraj Ray @ Dhiraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs 10,000, two sureties, a donation of Rs 25,000, regular police‑station attendance and verification of antecedents.

Summary

The Patna High Court considered a bail application filed by Dheeraj Ray, who was arrested in connection with a case under Section 30(a) of the Bihari Prohibition and Excise Amendment Act, 2022 for the recovery of 50 litres of illicit liquor. The petitioner asserted his innocence, claimed a clean antecedent and had been in custody since 3 March 2026. He offered to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed the bail. After weighing the submissions and circumstances, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties, depositing the charitable amount, attending the police station every Sunday and verifying his antecedent, noting that the order does not prejudice the trial.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihari Prohibition and Excise Amendment Act, 2022
  • Whether the petitioner’s claim of a clean antecedent and willingness to make a charitable donation justify bail

Subjects

  • bail
  • illicit liquor
  • Bihari Prohibition and Excise Amendment Act
  • Section 30(a)
  • criminal procedure
  • clean antecedent
  • surety
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26985 of 2026
                      Arising Out of PS. Case No.-81 Year-2026 Thana- DERNI BAZAR District- Saran
                 ======================================================
                 Dheeraj Ray @ Dhiraj Kumar S/O Jay Mangal Rai @ Mangal Rai R/O Vill.-
                 Khanpur,P.S- Derni,(Derni Bazar) Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar Singh
                 For the Opposite Party/s :       Mr.Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Derni

                   Bazar P.S. Case No. 81 of 2026 registered for the offence under

                   Sections 30(a) of the Bihari Prohibition and Excise Amendment

                   Act 2022.

                                 3. The recovery is of 50 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 0.03.2026. The

                   petitioner claims to have clean antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.26985 of 2026(2) dt.22-04-2026
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          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Derni/Derni Bazar P.S. Case

          No. 81 of 2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra and

          produce the receipt of the same before the Court below. The bail

          bonds of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                          9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Derni/Derni Bazar Police Station on every Sunday of each

          month. Any default in appearance at the police station will result

          in cancellation of bail bonds of the petitioner.

                          10. As the petitioner claims to have clean

          antecedent, the Court below, before accepting the bail bonds of

          the petitioner is directed to verify the antecedent of the
          Patna High Court CR. MISC. No.26985 of 2026(2) dt.22-04-2026
                                                      3/3




                    petitioner. If the petitioner is found to be involved in any other

                    case then the bail bonds of the petitioner shall not be accepted.

                                 11. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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