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Patna High Court

Sakaldeep Ray @ Sakaldip Ray @ Sandeep RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted, subject to a bond of Rs.10,000 with two sureties and a condition to deposit Rs.25,000 in a charitable institution.

Summary

The petitioner, Sakaldeep Ray, was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition Excise Amendment Act, 2022 for possession of six litres of illicit liquor. He had been in custody since 13 April 2026 and claimed innocence, a clean antecedent, and willingness to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The court, after considering the facts and submissions, ordered the release of the petitioner on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, and conditioned the bail on the deposit of Rs.25,000 with the Ramakrishna Mission Ashram, subject to verification of the receipt. The bail bonds were to be accepted after confirming the genuineness of the receipt. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition Excise Amendment Act, 2022 considering the nature of the offence and the circumstances of custody.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition Excise Amendment Act
  • illicit liquor
  • Section 30(a)
  • criminal procedure
  • charitable donation condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39788 of 2026
                     Arising Out of PS. Case No.-126 Year-2026 Thana- DERNI BAZAR District- Saran
                 ======================================================
                 Sakaldeep Ray @ Sakaldip Ray @ Sandeep Ray S/o Sudarshan Ray Resident
                 of Village- Khirikiya, P.O.- Sutihar, P.S.- Derni, District-Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Kishor Mishra
                                                 Mr. Sachida Nand Rai
                                                 Mr. Avinash Raj
                 For the Opposite Party/s :      Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-06-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with Derni

                   Bazar P.S. Case No. 126 of 2026 registered for the offence

                   under Section 30(a) of the Bihar Prohibition Excise Amendment

                   Act, 2022.

                                 3. The total recovery is of 6 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 13.04.2026.

                                  5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt. The petitioner also

                   claims to have clean antecedent.
          Patna High Court CR. MISC. No.39788 of 2026(2) dt.23-06-2026
                                                      2/2




                                  6. Learned APP appearing for the State opposes the

                    prayer for bail of the petitioner.

                                  7. Considering the facts and circumstances of the

                    case and submissions of learned counsel for the petitioner, let

                    the petitioner, above named, be released on bail upon furnishing

                    bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

                    like amount each to the satisfaction of the learned concerned

                    Court below in connection with Derni Bazar P.S. Case No. 126

                    of 2026.

                                  8. This is also subject to the condition that the

                    petitioner shall deposit an amount of Rs. 25,000/- in

                    Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra and

                    produce the receipt of the same before the Court below. The bail

                    bonds of the petitioner shall be accepted after verifying the

                    genuineness of the receipt produced by the petitioner.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


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