Patna High Court
Ravi Ray @ Ravi Kumar Ray @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bharatiya Nyaya Sanhita — s. 105, 111, 318(4), 340(2)
- Bihar Excise and Prohibition Act — s. 30(a), 36, 41(1)
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/-
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