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Patna High Court

Anil Kumar Ray @ Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                                      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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