Patna High Court
Ramnath RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Ramnath Ray, a driver, was arrested in connection with the seizure of 2,430 litres of illicit foreign liquor from his truck under Section 30(a) of the Bihar Prohibition and Excise Act. He asserted that he had no knowledge of the contraband, that nothing was recovered from his possession, and that he had no prior criminal record, having been in judicial custody since 24 March 2026. The State opposed bail, emphasizing the seriousness of the offence. The Court examined the facts, noting the petitioner’s claim of innocence, lack of direct involvement, and the alleged procedural lapse of non‑compliance with Section 105 of the BNSS during the seizure. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was directed to be executed by the Exclusive Special Excise‑II, Vaishali.
Issues considered
- Whether bail can be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged involvement is limited to being a driver and there is no direct possession of the contraband.
- Whether the alleged non‑compliance with Section 105 of the BNSS in making the seizure affects the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- driver
- seizure
- surety
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30279 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- EXCISE MAHUWA District- Vaishali
======================================================
Ramnath Ray S/O Ramsawroop Ray R/O Vill.- Simarwara (Ward no.15), P.s.-
Patepur, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suruchi Anand, Advocate.
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail 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 from a
truck, altogether 2430 liters of illicit foreign liquor was
recovered.
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
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
Patna High Court CR. MISC. No.30279 of 2026(3) dt.22-06-2026
2/2
105 of the BNSS while making the seizure. He further submits
that the petitioner is merely a driver of the said truck and he was
unaware of the illicit consignment kept in the truck. Moreover, 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 24.03.2026.
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-II, Vaishali at Hajipur in connection
with Mahua Excise P.S. Case No. 59 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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