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Patna High Court

Ramashankar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court grants bail to the petitioners.

Summary

The petitioners, Ramashankar Ray and Jitendra Ray, sought bail after being implicated in a case involving the seizure of 89.760 liters of illicit beer from a vehicle, alleged under Sections 30(a), 32(2), 32(3) and 41 of the Bihar Prohibition and Excise Act. They argued that no incriminating material was found in their possession, they had no prior criminal record, and had been in custody since 23 March 2026. The State opposed the bail, emphasizing the seriousness of the excise offences. Considering the lack of direct evidence against them and the period of custody already served, the Court decided to grant bail. The order directed the petitioners to furnish a bail bond of Rs 10,000 with two sureties of the same amount, and clarified that the observations were prima facie and would not affect the trial.

Issues considered

  • Whether bail should be granted to the petitioners accused under the Bihar Prohibition and Excise Act for alleged possession of illicit liquor

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30094 of 2026
                       Arising Out of PS. Case No.-112 Year-2026 Thana- Excise P.S. District- Buxar
                 ======================================================
           1.     Ramashankar Ray S/O Late Rajendra Rai R/O Village- Alipur Mukund, P.S-
                  Mahua, Distt.- Vaishali.
           2.     Jitendra Ray @ Jitendra Kumar S/O Ravindra Rai @ Ravinder Rai R/O
                  Village- Mahua Phulwaria, P.S.- Mahua, Distt.- Vaishali. As per impugned
                  order R/O Village- Mahua, P.S- Phulwaria, Distt.- Vaishali.
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashutosh Kumar
                 For the Opposite Party/s :        Mr.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

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

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Buxar Excise P.S. Case No. 112 of 2026

                   registered for the offences punishable under Sections 30(a),

                   32(2), 32(3) and 41 of the Bihar Prohibition and Excise Act.

                                3. The prosecution case is that 89.760 liters of illicit

                   beer was recovered from a DZIRE car bearing Registration No.

                   BR- 01HR-6589.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor. The
           Patna High Court CR. MISC. No.30094 of 2026(2) dt.06-05-2026
                                                       2/2




                     petitioners are in custody since 23.03.2026 and have got no

                     criminal antecedent.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released 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 of Exclusive Excise Special Court No. 2 Buxar/concerned

                     Court in connection with Buxar Excise P.S. Case No. 112 of

                     2026

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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