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Patna High Court

Ravi Ray @ Ravi Kumar Ray @ Ravi KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner subject to specified conditions.

Summary

Ravi Ray was charged under Sections 340(2), 318(4), 111 of the Bharatiya Nyaya Sanhita and Sections 30(a), 36, 41(1) of the Bihar Excise and Prohibition Act for allegedly transporting 1,598.76 litres of illicit foreign liquor in his pickup vehicle. The petitioner claimed he was innocent, argued that the seizure was not made from his possession, that police witnesses failed to comply with Section 105 of the BNS during the seizure, and that he was already in custody on the date of the alleged offence, asserting the case was framed on the basis of his eight prior similar convictions. The State opposed the grant of regular bail. After hearing both sides, the court decided to grant regular bail with conditions, including a bail bond of Rs.10,000, two sureties of the same amount, a requirement that the petitioner not commit similar offences, cooperate with the trial, and that one bailor be a near relative.

Issues considered

  • Whether regular bail should be granted to the accused despite the seriousness of the alleged illicit liquor offence and his prior criminal antecedents
  • Whether the alleged non‑compliance with Section 105 of the Bharatiya Nyaya Sanhita by the police affects the bail application
  • Whether the conditions imposed by the court are sufficient to justify the grant of bail under the BNS and the Bihar Excise and Prohibition Act

Legislation cited

Subjects

  • regular bail
  • illicit liquor
  • excise law
  • criminal antecedents
  • seizure procedure
  • Section 105
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34726 of 2026
                    Arising Out of PS. Case No.-308 Year-2025 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Ravi Ray @ Ravi Kumar Ray @ Ravi Kumar S/o Raj Kiashor Ray @ Raj
                 Kishore Ray Resident of Village - Taraua Gpalpur, P.S.- Mashahari, District -
                 Muzaffarpur
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sagar Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-05-2026                    Heard the learned counsel for the petitioner and learned

                   APP for the State through Video Conferencing.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 340(2), 318(4),

                   111 of the Bharatiya Nyaya Sanhita (BNS) and Sections 30(a), 36,

                   41(1) of Bihar Excise and Prohibition Act.

                                3. The case of the prosecution in brief is that, from a pick

                   up vehicle of the petitioner 1598.76 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in the

                   present case. It is also submitted that nothing has been recovered

                   from possession of the petitioner. Learned counsel for the petitioner

                   has further submitted that the witnesses of the seizure list are police

                   personnel and police have not complied Section 105 of the BNSS
            Patna High Court CR. MISC. No.34726 of 2026(2) dt.20-05-2026
                                                        2/2




                      while making seizure. Petitioner is having eight criminal antecedents

                      of similar nature. Learned counsel for the petitioner has further

                      submitted that the petitioner was in custody on the date of the

                      occurrence. He has been framed in this case only on the basis of the

                      criminal antecedents.

                                   5. Learned APP appearing for the State has vehemently

                      opposed the prayer of the regular bail.

                                   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 with the conditions that the

                      petitioner shall not indulge himself in similar nature of offence in

                      future and he shall cooperate in the trial and one of the bailor should

                      be near relative to the petitioner. 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 court of learned Exclusive Special

                      Judge, Excise-II, Muzaffarpur in connection with Maniyari P.S. Case

                      No. 308 of 2025.


                                            (Ashok Kumar Pandey, J)
khushbu/-

U      T


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