Patna High Court
Ramagya Ray @ Ramagayan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions, finding insufficient grounds to deny bail.
Summary
Petitioner Ramagya Ray was arrested on 23 February 2026 in connection with a case involving the alleged possession of 94 litres of country-made liquor, a country-made pistol and two live cartridges. The seizure was made from a co-accused, Balo Choudhary, and not from the petitioner's conscious possession. The petitioner claimed innocence and argued that the police seizure report violated Sections 103 and 105 of the BNSS, 2023. The State opposed bail, alleging the petitioner’s participation in the crime and noting his other pending cases, though he was on bail in those matters. The High Court, noting the lack of incriminating material recovered from the petitioner and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences under the Bihar Prohibition & Excise Act and the Arms Act.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
- Whether the petitioner’s prior criminal cases affect the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition act
- arms act
- seizure
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38118 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- MOKAMAH District- Patna
======================================================
Ramagya Ray @ Ramagayan Ray Son of Nepali Ray R/O Vill- Kanhaipur,
P.S.-Mokama, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Ms. Kumari Pallavi, learned counsel for the
petitioner and Mr. Shailendra Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
23.02.2026, in connection with Mokama P.S. Case No. 87 of 2026,
F.I.R. dated 22.02.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise Act and
Section 25(1-B) (a), 26, 35 of the Arms Act.
3. Recovery is of 94 litres of country made liquor as
well as one country made pistol and two live cartridges.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. She further submits that it appears from the F.I.R. as
well as seizure list that nothing incriminating article has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.38118 of 2026(2) dt.17-06-2026
2/3
one country made pistol and two live cartridges have been
recovered from the possession of co-accused person, namely, Balo
Choudhary and altogether 94.00 litres of country made liquor was
recovered from the place of occurrence. She further submits that
the seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023. He further
submits that the police after investigation submitted chargesheet
against the petitioner and the petitioner is in custody since
23.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner has participated the crime in
question and apart from that the petitioner carries two more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in the
pending matters.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner, above
named, be released 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 learned Exclusive Special Judge Excise,
Patna High Court CR. MISC. No.38118 of 2026(2) dt.17-06-2026
3/3
Barh, Patna in connection with Mokama P.S. Case No. 87 of 2026,
subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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