Patna High Court
Wakil RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted subject to a Rs.10,000 bond, two sureties and the conditions imposed.
Summary
Wakil Ray was arrested on 2 May 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 35 litres of illicit liquor. The petitioner contended that he was falsely implicated, that the seized liquor was not in his conscious possession and that the police had not complied with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, highlighting fifteen other similar cases against the petitioner, fourteen of which were already on bail. The High Court considered the lack of direct possession, the procedural lapses alleged, and the petitioner’s pending cases, and ordered his release on bail with a Rs.10,000 bond, two sureties of equal amount, and several conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedents. The bail order was directed to be implemented by the Exclusive Special Judge, Excise‑I, Chapra.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged involvement in the illicit liquor seizure under the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023 and the petitioner’s other pending cases affect the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- procedural compliance
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38882 of 2026
Arising Out of PS. Case No.-474 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Wakil Ray Son of Anarsi Ray @ Banarsi Ray Resident of Village- Sandha,
P.S.- Sandha Muffasil, District- Chapra (Saran).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mani Bhushan Kumar Singh, Advocate
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Mr.Mani Bhushan Kumar Singh, learned
counsel for the petitioner and Mr.Kumar Ranjit Ranjan, learned
A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
02.05.2026 in connection with Chapra Muffasil P.S. Case No.
474 of 2025, F.I.R. dated 21.08.2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 35 liters of illicit liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. It appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner and petitioner was not apprehended at the place of
Patna High Court CR. MISC. No.38882 of 2026(2) dt.22-06-2026
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occurrence. It appears from the FIR as well as the seizure list
that the seizure list witnesses are police personnel and there is
non-compliance of Sections 103 and 105 of BNSS, 2023 and
and the petitioner is in custody since 02.05.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
fifteen more cases other than the present one of similar nature
but he fairly submits that out of fifteen cases, the petitioner is on
bail in fourteen cases, and rest one case is pending for
consideration before the competent court of law, as mentioned
in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise-I, Chapra, Saran in connection with Chapra Muffasil P.S.
Case No. 474 of 2025,with the following conditions:-
(I) 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.38882 of 2026(2) dt.22-06-2026
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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 antecedent, 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)
Nitesh/-
U T
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