Patna High Court
Rambabu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that regular bail must be granted as the petitioner has a clean antecedent, no independent witness to the seizure, and the case does not merit denial of bail.
Summary
The petitioner, Rambabu Ray, was arrested in connection with the seizure of 5,080.74 litres of illicit liquor from a truck and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence, a clean antecedent, and the absence of any independent witness to the seizure. The State opposed the bail, relying on the FIR and the Special Judge’s order. The High Court examined the FIR, the lack of corroborative testimony, and the petitioner’s clean record, concluding that these factors did not justify denial of bail. Consequently, the Court granted regular bail on the condition of a Rs.10,000 bond with two sureties. The petitioner was ordered to be released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the absence of an independent witness to the seizure warrants denial of bail
- Whether a clean antecedent and custody since 06.03.2026 justify granting bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- FIR
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35102 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- JALALGARH District- Purnia
======================================================
Rambabu Ray, aged about 34 years male, Son of Jawahir Ray @ Jamahir Ray
Resident of Village- Madarna, Ward No. 05, PS- Vaishali, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks regular bail in connection with
Jalalgarh P.S. Case No. 54 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per allegation in the FIR, total 5080.74 liters of
illicit liquor has been recovered from the seized truck (lorry)
bearing registration no. NL02Q8091.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that petitioner is
Patna High Court CR. MISC. No.35102 of 2026(2) dt.21-05-2026
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named in the FIR and there is recovery of total 5080.74 liters of
illicit liquor from the seized truck (lorry) bearing registration
no. NL02Q8091. Petitioner has got clean antecedent as stated in
para 3 of the petition is in custody since 06.03.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned Exclusive Special Judge (Excise-01), Purnea dated
08.04.2026, it appears that on the basis of written report of the
informant, FIR has been registered under Section 30(a) of the
Bihar Prohibition and Excise Act against the present petitioner
and the allegation is of recovery of illicit liquor. Petitioner has
got clean antecedent as stated in para 3 of the petition is in
custody since 06.03.2026 and there is no any independent
witness of the seizure list, so considering all the aspects of the
case and submission of learned counsel for the petitioner, I am
inclined to grant regular bail to the above named petitioner.
7. Accordingly, the prayer for regular bail of the
above named petitioner is allowed. Let the petitioner above
named be released on regular bail on furnishing bail bonds of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Patna High Court CR. MISC. No.35102 of 2026(2) dt.21-05-2026
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Judge Excise-1st, Purnea in connection with Jalalgarh P.S. Case
No. 54 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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