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Patna High Court

Arun Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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