Patna High Court
Suresh Ray @ Gugal RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Suresh Ray, sought anticipatory bail fearing arrest in a case (PS No. 665 of 2025) under the Bihar Prohibition and Excise Act for alleged possession of 260 litres of liquor. The prosecution alleged the liquor was recovered from a public area, while the petitioner claimed he had no knowledge or involvement and was falsely implicated. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The court, after considering the prima facie lack of case and procedural lapses, granted anticipatory bail on the condition of a Rs.15,000 bond, two sureties, and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present case
- Whether a prima facie case exists against the petitioner under the Bihar Prohibition and Excise Act
- Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- Section 482
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3742 of 2026
Arising Out of PS. Case No.-665 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Suresh Ray @ Gugal Rai S/o Dhirendra Prasad R/o Village- Itwa English,
P.S.- Dariyapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Dariyapur P.S. Case No. 665 of 2025 instituted for the
offences punishable under Sections 30(a), 34, 26, 36, 30(c) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 260 litres
of liquor was recovered from plastic drum.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that petitioner has no
knowledge and concern with the alleged recovery. Learned
counsel further submitted that the alleged recovery has been
Patna High Court CR. MISC. No.3742 of 2026(2) dt.19-01-2026
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made from an open place which is accessible to public at large.
Learned counsel therefore, submitted that prima-facie, no case is
made out against the petitioner. The petitioner has one criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner, above named, in the event of
arrest/surrender before the lower court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dariyapur P.S. Case
No. 665 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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