Patna High Court
Harendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application with specified conditions.
Summary
The petitioners, three brothers, sought anticipatory bail fearing arrest in a case (Turki PS Case No. 138 of 2026) involving alleged possession of 71 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence and offered to donate Rs. 25,000 each to charity without admitting guilt. The State opposed the relief. The High Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a mandatory deposit of Rs.25,000 in a charitable institution, monthly attendance at the police station, and verification of clean antecedents for two of the petitioners. The order emphasized that the observations were prima facie and not a determination on the merits. The bail was conditioned under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including monetary deposit and periodic police attendance, are permissible under Section 482(2) of the BNSS.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 482
- bail conditions
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38195 of 2026
Arising Out of PS. Case No.-138 Year-2026 Thana- TURKI KHARARU District-
Muzaffarpur
======================================================
1. Harendra Ray Son of Late Nunnu Ray Resident of Village- Gawshra, P.S.-
Turki, District- Muzaffarpur.
2. Vivek Kumar Son of Harendra Ray Resident of Village- Gawshra, P.S.-
Turki, District- Muzaffarpur.
3. Abhishek Kumar Son of Harendra Ray Resident of Village- Gawshra, P.S.-
Turki, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratneshwar Prasad
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioners and the
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Turki P.S. Case No. 138 of 2026 registered for offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of approx 71 liters of illicit liquor
from the cowshed of the petitioner.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have not committed any
offence. It is further submitted that the petitioners are ready to
donate Rs. 25,000/- (Rupees Twenty Five Thousand Only) each
Patna High Court CR. MISC. No.38195 of 2026(2) dt.16-06-2026
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in some charitable organization without accepting their guilt. It
is further submitted that petitioner no. 1 has two criminal
antecedents, whereas petitioner nos. 2 and 3 have clean
antecedents.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioners.
6. Considering the facts and circumstances of the case
and the submissions of learned counsel for the petitioners, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioners, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
concerned Court below in connection with Turki P.S. Case No.
138 of 2026 subject to the conditions as laid down under
Section 482(2) of the BNSS and with further conditions that:-
(I). The petitioners shall deposit
an amount of Rs. 25,000/- (Rupees Twenty
Five Thousand Only) in Ramakrishna
Mission Sevashrama, Swami Vivekananda
Path, Bela, Muzaffarpur, Bihar and produce
the receipt of the same before the Court
below. The bail bonds of the petitioners shall
be accepted after verifying the genuineness
Patna High Court CR. MISC. No.38195 of 2026(2) dt.16-06-2026
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of the receipts produced by them.
(ii). The petitioners are directed to
mark their attendance at Turki Police
Station on every 1st and 3rd Sunday of each
month. Failure to do so will result in
cancellation of bail bonds of the petitioners.
(iii). At the time of accepting the
bail bonds of the petitioner nos. 2 and 3, the
Court below shall verify the fact whether the
petitioner nos 2 and 3 have clean
antecedents or not. If it is found that the
petitioner nos. 2 and 3 have clean
antecedents then only their bail bonds shall
be accepted by the Court below.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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