Patna High Court
Amod RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail, subject to a bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Amod Ray, sought bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for the alleged possession of 36 litres of Nepali Saufi desi liquor seized from a vehicle. He contended that he was neither the owner nor the driver of the vehicle and that no incriminating article was found in his possession, arguing that the accusation was based solely on suspicion. The State opposed bail, citing the petitioner’s prior similar criminal antecedent for which he was already on bail. The Court considered the lack of direct evidence against the petitioner and the principle of bail for non‑violent offences, and ordered that bail be granted if the petitioner is arrested or surrenders within eight weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023. The order effectively releases the petitioner pending trial while ensuring compliance with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act where the accusation is based on suspicion.
- Whether the petitioner’s prior criminal antecedent of a similar nature precludes the grant of bail.
- Whether the absence of any incriminating article in the petitioner’s possession justifies denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- prohibition law
- excise
- suspicion
- prior criminal antecedent
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30087 of 2026
Arising Out of PS. Case No.-1182 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Amod Ray Son of Ram Janam Ray Resident of Village - Girmisani Fatehpur
Ward No. 07, P.S.- Punaura, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 30(a) and 32 (3) of
Bihar Prohibition and Excise Act.
3. As per F.I.R., total 36 liters of Nepali Saufi desi
liquor was recovered from seized vehicle.
4. Learned counsel for the petitioner submits that
petitioner is neither owner nor driver of the seized vehicle and
has been made accused in this case only on suspicion. No
incriminating article has been recovered from the possession of
petitioner. Petitioner has got one criminal antecedent of similar
nature in which he is on bail.
5. Learned A.P.P. for the State has opposed the bail
Patna High Court CR. MISC. No.30087 of 2026(2) dt.11-05-2026
2/2
petition.
6. Considering the aforesaid facts and other
circumstances, let the above named petitioner, in the event of
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court-II,
Sitamarhi in connection with Prohibition Sitamarhi P.S. Case
No. 1182 of 2025 , subject to condition as laid down under
Section 482(2) of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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