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Patna High Court

Bharat RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on condition of furnishing a bond and sureties.

Summary

The petitioner, Bharat Ray, applied for bail in a criminal case (PS Case No.852 of 2025) for alleged offences under Section 30(a) of the Bihar Excise Act involving the alleged recovery of 315 litres of liquor from a location near his house and 19.5 litres from a motorcycle. The petitioner has 14 prior cases, six under the Excise Act, but contends he was not apprehended at the spot, the liquor was not in his conscious possession, and he does not own the seized vehicle. He further argued that the complainant’s watchman did not inform police earlier, casting doubt on the prosecution’s case. The State opposed bail, citing the petitioner’s criminal antecedents. After considering the arguments, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, pending trial in the successor court.

Issues considered

  • Whether bail should be granted to the petitioner despite his prior criminal record and the nature of the alleged offences under Section 30(a) of the Bihar Excise Act

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • Section 30(a)
  • Bihar Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31421 of 2026
                     Arising Out of PS. Case No.-852 Year-2025 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 :        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 6 cases are

                   under the Excise Act and allegation is of recovery of 315 liters

                   of liquor from a place near the house of the petitioner and 19.50

                   liters of liquor from a motorcycle.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and even the alleged recovery is
            Patna High Court CR. MISC. No.31421 of 2026(2) dt.15-05-2026
                                                        2/2




                      from a place which does not belong to the petitioner, but then is

                      adjacent to his house and and he came to be implicated at the

                      instance of local person, but then it is submitted that if

                      Chowkidar was aware of the involvement of the petitioner in the

                      occurrence then why he did not inform the police prior to

                      institution of the instant FIR which casts an aspersion on the

                      case of the prosecution.

                                   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. 852 of 2025.



                                                    (Satyavrat Verma, J)
Rishabh/-

U      T


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