Patna High Court
Umesh Ray @ Lakadi Rai @ Umesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail is to be granted to the petitioner as the prosecution failed to establish possession and a proper investigation.
Summary
The petitioner, Umesh Ray, was charged under Section 30(a) of the Bihar Excise Act for alleged recovery of 315 litres of liquor from a location behind Rita Devi's house and 19.5 litres from a motorcycle. The petitioner argued that he was not arrested at the scene, had no conscious possession of the liquor, and was not the owner of the seized vehicle, claiming he was implicated by a hostile chowkidar. He further contended that the police had mechanically implicated him without proper investigation. The State opposed bail, but the court considered the lack of direct possession and the questionable investigation. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 5,000 with two sureties. The bail order was directed to be complied with by the trial court handling the case.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of alleged possession and investigation
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Section 30
- possession
- investigation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38391 of 2026
Arising Out of PS. Case No.-852 Year-2025 Thana- SITAMARHI District- Sitamarhi
======================================================
Umesh Ray @ Lakadi Rai @ Umesh Rai S/o Binda Ray Resident of Village-
Bariyarpur, Ward No. 37, P.S.- Sitamarhi, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and and allegation is of recovery of
315 litres of liquor from a place behind the house of Rita Devi
and 19.50 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
Patna High Court CR. MISC. No.38391 of 2026(2) dt.19-06-2026
2/2
of Chowkidar with whom he is on an inimical term. It is next
submitted that if Chowkidar was aware about the involvement
of the petitioner in the occurrence, then why he did not inform
the police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution. It is further submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Sitamarhi P.S. Case
No. 852 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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