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Patna High Court

Harkeshwar Rai @ Harkeshwar Ray @ Harkeshar RayversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Harkeshwar Rai, was arrested at Sonpur Railway Station after police claimed to have recovered 10.44 liters of illicit foreign liquor from his possession, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, asserting his innocence, lack of any recovered contraband, and non‑compliance by police with Section 105 of the BNSS during the seizure. The State opposed the bail, maintaining the legitimacy of the seizure and the seriousness of the offence. The Court examined the procedural aspects and the petitioner’s claim of no prior criminal record, and found merit in granting bail. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Court.

Issues considered

  • What is the appropriateness of granting bail to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act?
  • Whether the seizure of the alleged illicit liquor complied with the procedural requirements of Section 105 of the BNSS.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure procedure
  • foreign liquor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28358 of 2026
                    Arising Out of PS. Case No.-25 Year-2026 Thana- SONPUR RAIL P.S. District- Saran
                 ======================================================
                 Harkeshwar Rai @ Harkeshwar Ray @ Harkeshar Ray S/O Late Nageena Rai
                 @ Nagin Ray R/V - Sabalpur Chaharm, P.S- Sonpur, Dist - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Nupur, Adv.
                 For the Opposite Party/s :        Mr.Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Rail (Sonpur) Case No. 25 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that while

                   the petitioner was at platform number 2 of Sonpur Railway

                   station, altogether 10.44 liters of illicit foreign liquor were

                   recovered from his possession.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the
           Patna High Court CR. MISC. No.28358 of 2026(2) dt.05-05-2026
                                                       2/2




                     possession of the petitioner. The witnesses of seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. He further submits

                     that a statement has been made in para 3 of the petition that

                     petitioner has no criminal antecedent and he is languishing in

                     judicial custody since 19.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Court No. III, Saran at Chapra in

                     connection with Sonpur Rail P.S. Case No. 25 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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