Patna High Court
Gujesh Kumar Ray @ Gunjesh Kumar Ray@ Gungesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Gujesh Kumar Ray, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 18.75 litres of liquor recovered. He contended that his name was mentioned only based on a co‑accused's disclosure and that the liquor was seized from an open public area, not from his personal possession, and he has a clean antecedent. The State opposed his application for anticipatory bail. The court examined whether the recovery amounted to possession by the petitioner and considered his clean record. Finding that the seizure did not prima facie show his possession, the court directed that he be released on anticipatory bail upon surrender, 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.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the recovery of illicit liquor constitutes possession by the petitioner.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
Legislation cited
- Bihar Narcotic and Smuggling Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 438 CrPC
- Section 482 BNSS
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40822 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- ANGARGHAT District- Samastipur
======================================================
Gujesh Kumar Ray @ Gunjesh Kumar Ray@ Gungesh Kumar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Narayan Roy, Advocate
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 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 Angarghat P.S.
Case No.09 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 18.75 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
Patna High Court CR. MISC. No.40822 of 2026(2) dt.24-06-2026
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the basis of disclosure made by apprehended co-accused ,
namely, Chhotelal Ray @ Upendra Ray. It is also submitted
that the recovery of illicit liquor was made from field near
Bihar Mutton and Biryani House which is an open place and
easily accessible by general public. It is also submitted that
recovery of illicit liquor was not made from conscious
possession of this petitioner. Petitioner claimed clean
antecedent.
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 physical possession of this
petitioner, who is a man of clean antecedent, 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
learned Special Judge(Excise)- 1st, Samastipur, in connection
Patna High Court CR. MISC. No.40822 of 2026(2) dt.24-06-2026
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with Angarghat P.S. Case No.09 of 2026, 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/-
U T
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