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
- Bihar Prohibition and Excise Act — s. 30(a), 32(2), 32(3), 41
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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