Patna High Court
Harkeshwar Rai @ Harkeshwar Ray @ Harkeshar RayversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
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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