Patna High Court
Bharat RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail, directing release upon furnishing a Rs.5,000 bond with two sureties.
Summary
The petitioner, Bharat Ray, applied for bail in a case registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of 900 litres of liquor from a Bolero pickup. He has 14 prior cases, six under the Excise Act, but claims he was falsely implicated and was not the owner of the vehicle, merely passing by during a police check. The State opposed the bail application. The court considered the submissions and, despite the antecedents, directed that the petitioner be released on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, to the satisfaction of the trial court. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act despite his antecedent criminal record.
- Whether the petitioner’s claim of false implication and non‑ownership of the seized vehicle affects the bail decision.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Section 30(a)
- Bihar Excise Act
- false implication
- seizure of liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31366 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- SITAMARHI District- Sitamarhi
======================================================
Bharat Ray Son of Binda Ray Resident of Village- Bariyarpur Ward No. 37,
P.S.- Sitamarhi, District- Sitamarhi, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Zaki Haider
For the Opposite Party/s : Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 14 cases out of which six cases are
under the Excise Act and allegation is of recovery of 900 liters
of liquor from a Bolero pick up vehicle.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case and is
not the owner of the seized vehicle, but since he was passing by
the area where checking swas going on, as such, he was
arrested. It is also submitted that petitioner is in custody since
Patna High Court CR. MISC. No.31366 of 2026(2) dt.15-05-2026
2/2
06.01.2026.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Sitamarhi
P.S. Case No. 15 of 2026.
(Satyavrat Verma, J)
Rishabh/-
U T
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