Patna High Court
Arun Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that the petitioner is entitled to bail.
Summary
The petitioner, a driver, was charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act for the alleged seizure of 296.640 liters of foreign liquor from a pickup van. He contended that he had no knowledge of the liquor, was not in physical possession, and that the search and seizure were irregular due to the absence of an independent witness. The petitioner also highlighted his lack of criminal antecedent and that he had been in judicial custody since 27‑02‑2026 despite the charge sheet already being filed. The State opposed bail, but the Court noted the laches in the seizure process and the petitioner’s clean record. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
- Whether irregularities in the search and seizure, including lack of an independent witness, affect the bail decision.
- Whether the petitioner’s lack of criminal antecedent and the laches in the seizure process justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
Subjects
- bail
- excise
- search and seizure
- laches
- foreign liquor
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36007 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Arun Kumar Ray Barhamadeo Roy @ Brahmadeo Ray R/O - Manohar Park,
P.S - Panjabi Bag, District - West Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pandey
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a) and 47 of the Bihar
Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 296.640 liters of foreign
liquor is said to have been recovered from a pickup van.
4. It is submitted by learned counsel for the
petitioner that there is no recovery from the physical and
conscious possession of the petitioner. It is submitted that the
petitioner is only a driver of the said vehicle and he had no
knowledge of the seized liquor. It is further submitted that the
mandatory provisions of search and seizure have been violated
as there is no independent witness to the seizure list and the
Patna High Court CR. MISC. No.36007 of 2026(2) dt.08-06-2026
2/2
petitioner with no criminal antecedent is languishing in judicial
custody since 27.02.2026 and charge sheet has already been
submitted.
5. Learned APP for the State opposes the prayer for
bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is laches
in the process of search and seizure coupled with the fact that
the petitioner has no criminal antecedent, let the above named
petitioner be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court in connection with
Siwan (Excise) P.S. Case 156 of 2026.
(Soni Shrivastava, J)
devendra/-
U T
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