Patna High Court
Ram Swarup Ray @ Ramswarup Rai @ Ramswaroop RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions and a bail bond.
Summary
Ram Swarup Ray was arrested in connection with the recovery of five litres of country-made liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner contended that he was falsely implicated, that no incriminating material was found on his person, and that the actual offender had fled, leaving the liquor behind. He has prior criminal cases but is already on bail in all of them and has been in custody since 17 March 2026. The State opposed bail, but the court, after considering the circumstances and the modest quantity of liquor, ordered his release on bail with a bond of Rs.10,000 each from two sureties and specific conditions under Section 480(3) of the BNSS. The bail order also required the petitioner’s presence at all court dates and stipulated cancellation of bail for repeated absences.
Issues considered
- What is the appropriate bail disposition for a person accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 when the alleged quantity of illicit liquor is small and the accused claims false implication?
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- excise
- illicit liquor
- false implication
- Section 30(a)
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30247 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
Ram Swarup Ray @ Ramswarup Rai @ Ramswaroop Ray S/o Late Rampani
Ray R/o Village - Nazarmira, P.S - Sonepur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sonepur Excise P.S. Case No. 21 of 2026,
registered for the offences under Sections 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, recovery of 5 litre of
country made liquor has been made from the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in this case and nothing incriminating has been recovered from
his person or possession. The petitioner was apprehended
merely on suspicion while the real accused fled away leaving
behind the illicit liquor. The petitioner has antecedent of four
Patna High Court CR. MISC. No.30247 of 2026(2) dt.11-05-2026
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cases and he is on bail in all the cases. The petitioner is in
custody since 17.03.2026.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
quantity of liquor recovered from this petitioner and also
considering his period of custody, the petitioner is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned 3rd Exclusive Special
Excise Court, Saran at Chapra/concerned court, in connection
with Sonepur Excise P.S. Case No. 21 of 2026, subject to the
condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
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consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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