Patna High Court
Sudama RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Sudama Ray, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, with 32 litres of liquor recovered from a bamboo orchard near his house. He sought anticipatory bail, arguing that the liquor was not in his conscious physical possession and that he has pending similar cases on bail. The Additional Public Prosecutor opposed the bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was to be effected within four weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given the alleged recovery of illicit liquor.
- Whether the fact that the liquor was not in the petitioner's conscious physical possession warrants denial of bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40219 of 2026
Arising Out of PS. Case No.-157 Year-2026 Thana- KALYANPUR District- East Champaran
======================================================
Sudama Ray Son of Dasai Ray Resident of Village- Yamunapur, Belwa Dih,
P.S.- Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar,
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Kalyanpur P.S.
Case No.157 of 2026 registered under Sections 30(a) and
41(1) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 32 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.40219 of 2026(2) dt.23-06-2026
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the petitioner that the recovery of illicit liquor was made
from the bamboo orchard which is near the house of the
petitioner. It is submitted that the recovery of illicit liquor
was not made from conscious physical possession of the
petitioner. Explaining criminal antecedent, it is submitted
that the petitioner found involved in two more criminal cases
of similar nature, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from conscious physical possession
of this petitioner, accordingly, the petitioner, above-named,
in the event of his arrest or surrender in the court below
within a period of four weeks from today, is directed to be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special,
Excise Court No. 3, Civil Court, East Champara at Motihari,
in connection with Kalyanpur P.S. Case No.157 of 2026,
Patna High Court CR. MISC. No.40219 of 2026(2) dt.23-06-2026
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subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
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