Patna High Court
Guddu kumar Ray @ Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- B.N.S. — s. 105, 112
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.