Patna High Court
Anil Kumar Ray @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Anil Kumar Ray and Rahul Kumar, were arrested for allegedly transporting 34.560 litres of foreign liquor in violation of Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, stating they were merely driver and co‑driver and had no knowledge of the contraband, and that the seized liquor was not linked to their personal possession. The State opposed bail, but the court considered the facts, their role as driver/co‑driver, and the length of their custody since 5 May 2026. The court granted bail, requiring each petitioner to furnish a bail bond of Rs.10,000 with two sureties, and imposed conditions including a close relative as bailor and mandatory court appearances. The bail is subject to cancellation if conditions are breached.
Issues considered
- Whether the petitioners, as driver and co‑driver, are entitled to bail for the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the period of custody and the nature of the alleged offence justify the grant of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- transport of foreign liquor
- driver
- co‑driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38024 of 2026
Arising Out of PS. Case No.-365 Year-2026 Thana- DARIYAPUR District- Saran
======================================================
1. Anil Kumar Ray @ Anil Kumar Son of Late Satya Narayan Rai Resident of
Village- Ramjeetpur (Barka Banya), Ps- Derni, Dist- Saran at Chapra
2. Rahul Kumar Son of Chandeshwar Sah Resident of Village- Barki
Mushehari, Ps- Chapra Muffasil, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Advocate
For the Opposite Party/s : Mrs.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and
learned APP for the State.
02. In the present case, the petitioners seek bail in
connection with Dariyapur P.S. Case No. 365 of 2026 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, the petitioners were
found transporting 34.560 litres of foreign liquor which was
recovered from the vehicle of the petitioners.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. Nothing incriminating has been recovered from the
Patna High Court CR. MISC. No.38024 of 2026(2) dt.17-06-2026
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person or possession of the petitioners, who have no concern
with the seized vehicle. The petitioner no. 1 is said to be driver
of the vehicle and petitioner no. 2 is co-driver. The petitioners
have no knowledge about the consignment. The petitioners are
having antecedent of one case each in which they are on bail.
The petitioners are in custody since 05.05.2026.
05. Learned APP opposes the submission made on
behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioners are driver and co-driver and further
considering the period of custody of the petitioners, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of 1st
Exclusive Special Excise Court, Saran at Chapra/concerned
Court in connection with Dariyapur P.S. Case No. 365 of 2026,
subject to the conditions mentioned in Section 480(3) of
B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present
Patna High Court CR. MISC. No.38024 of 2026(2) dt.17-06-2026
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on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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