Patna High Court
Govind Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Govind Kumar Ray, was arrested in connection with a case involving the alleged possession of 360 litres of illicit liquor and a mobile phone, alleged offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case was based on the seizure of the liquor from a car, but no incriminating material was found in the petitioner’s conscious possession. The petitioner argued that he was implicated only on suspicion, had a clean antecedent, and had been in custody since 2 February 2026. The State opposed the bail application, citing the seriousness of the offences. The Court, after considering the nature of the accusation, the petitioner’s clean record and the period of custody, held that bail was appropriate. Consequently, the petitioner was released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 272, 273 IPC and Section 30(a) Bihar Prohibition and Excise Act despite the seriousness of the alleged contravention
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273
Subjects
- bail
- illicit liquor
- Indian Penal Code
- Bihar Prohibition and Excise Act
- criminal procedure
- suspicion
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31198 of 2026
Arising Out of PS. Case No.-24 Year-2024 Thana- JHANJHARPUR District- Madhubani
======================================================
Govind Kumar Ray S/o Satya Narayan Ray R/o Village - Bhaptiyahi, P.S -
Laukahi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Jhanjharpur (A.S.O.P.) P. S. Case No. 24 of 2024 registered for
the offences punishable under Sections 272, 273 of the Indian
Penal Code and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, 360 liters illicit liquor and
one mobile phone was recovered from the seized car.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner and he has been made accused in
this case only on suspicion. Petitioner claims clean antecedent
and is in custody since 02.02.2026.
Patna High Court CR. MISC. No.31198 of 2026(2) dt.14-05-2026
2/2
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Exclusive Judge Excise Act,
Jhanjharpur, Madhubani in connection with Jhanjharpur
(A.S.O.P.) P. S. Case No. 24 of 2024.
(Prabhat Kumar Singh, J)
Navya/-
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