Patna High Court

Shiv Nath RayversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

Shiv Nath Ray was arrested in connection with a case where 360 litres of liquor were recovered from his residence, leading to charges under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no direct possession of the liquor, that the recovery was from a joint family house, and that he had no prior criminal record. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, noting the lack of incriminating material against the petitioner, his clean antecedent, and the duration of his custody, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and future conduct.

Issues considered

Whether bail should be granted to the petitioner under the charges of Sections 274, 275 BNS and 30(a) Bihar Prohibition and Excise Act
Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bihar Narcotic Substances Act — s. 274, 275

Subjects

bail
liquor offence
prohibition act
criminal procedure
joint family house
no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2770 of 2026
                     Arising Out of PS. Case No.-321 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Shiv Nath Ray S/o Lakshman Dev Ray @ Lakshn Devi Rai R/o village -
                 Purushotampur / Parohan, P.S - Raghopur, (Rustampur), District - Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Raghopur (Rustampur) P.S. Case No. 321 of 2025, instituted for

                   the offences punishable under Sections 274 and 275 of the BNS

                   and Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 360

                   liters liquor was recovered from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.2770 of 2026(2) dt.19-01-2026
                                            2/3




          made from joint house of the petitioner, where other family

          members also reside. The petitioner is in custody since

          05.12.2025 and has got no criminal antecedent. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with                    Raghopur

          (Rustampur) P.S. Case No. 321 of 2025, subject to the following

          conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.
           Patna High Court CR. MISC. No.2770 of 2026(2) dt.19-01-2026
                                                       3/3




                                  (III) If the petitioner is found involved in similar

                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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