Patna High Court
Pattar Ray @ Bhushan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
The petitioner, Pattar Ray, was arrested on 14 May 2026 in connection with a seizure of 157.7 litres of illicit English liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He claimed a clean antecedent and argued that his name was implicated solely on the basis of secret information, with no liquor recovered from his conscious possession. The Additional Public Prosecutor opposed bail. The court noted the absence of direct evidence linking the petitioner to the seized liquor and his clean record, and consequently granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of his criminal antecedent without delaying the release. The petitioner was thus released on bail pending trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 when no liquor was found in his conscious possession.
- Whether the reliance on secret information/spy reports suffices to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- secret information
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40132 of 2026
Arising Out of PS. Case No.-350 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
Pattar Ray @ Bhushan Ray S/o Bhola Ray R/o vill - Brahampur Nai Basti,
P.S.- Bhagwan Bazar, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard Mr. Raushan Raj, learned counsel for the
petitioner and Ms. Sucheta Yadav, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.05.2026 in connection with Bhagwan Bazar P.S. Case No.
350 of 2026, F.I.R. dated 23.04.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. Recovery is of 157.7 liters of illicit English liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.40132 of 2026(2) dt.29-06-2026
2/3
the recovery of 157.7 liters of English liquor has been made
from the place of occurrence and name of the petitioner has
been transpired on the basis of secret information/spy and
except the aforesaid, nothing has come during investigation
which suggest the involvement of the petitioner in the present
occurrence. The petitioner is in custody since 14.05.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioner, petitioner has clean antecedent and his name
has been transpired on the basis of secret information/spy, 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 the learned Exclusive
Special Excise Judge, Saran at Chapra in connection with
Bhagwan Bazar P.S. Case No. 350 of 2026 subject to 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 absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.40132 of 2026(2) dt.29-06-2026
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reason, his bail bond shall be cancelled by the Court below.
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)
Vanisha/-
U T
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