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Patna High Court

Ramagya Ray @ Ramagayan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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