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Patna High Court

Guddu kumar Ray @ Guddu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Guddu Kumar Ray was arrested after 336.80 litres of illicit foreign liquor were seized from his truck during a larger seizure of 1,054.08 litres. He was charged under Section 112 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that he was not arrested at the spot and that the search violated Section 105 of the B.N.S.S., and highlighted his clean criminal record. The State opposed bail. After hearing both sides, the court found no sufficient ground to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. The application for regular bail was therefore allowed.

Issues considered

  • Whether bail should be granted to the accused under Section 112 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the search and seizure conducted violated Section 105 of the B.N.S.S., thereby affecting the bail application.
  • Whether the petitioner’s lack of prior criminal antecedents warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit foreign liquor
  • search and seizure
  • Bihar Prohibition and Excise Act
  • B.N.S.
  • criminal antecedents
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27704 of 2026
                  Arising Out of PS. Case No.-113 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Guddu kumar Ray @ Guddu Kumar Son of Musafir Ray Resident Of Village-
                 Mathiya Nawada, Ps- Kopa, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alok Kumar Alok
                 For the Opposite Party/s :      Mr. Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Chapra Muffasil P.S.

                   Case No. 113 of 2026 registered for the offences punishable

                   under Section 112 of B.N.S. and Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per the allegation, altogether 1054.08 litres of

                   illicit foreign liquor was recovered from several vehicle in

                   question and from the truck of this petitioner altogether 336.80

                   litres of illicit foreign liquor was recovered.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. It has been submitted that petitioner was not arrested
           Patna High Court CR. MISC. No.27704 of 2026(2) dt.06-05-2026
                                                       2/2




                     from the spot and he has been made accused being the owner of

                     the vehicle. Learned counsel for the petitioner has further

                     submitted that the search and seizure is in violation of Section

                     105 of B.N.S.S. and the petitioner is in custody since

                     23.02.2026 having no criminal antecedent.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for bail of the petitioner.

                                  6. Heard the parties and perused the records.

                                  7. Considering the aforesaid facts and circumstances

                     of the case, the petitioner above-named is directed to be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Court concerned, Saran at

                     Chapra, in connection with Chapra Muffasil P.S. Case No. 113

                     of 2026.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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