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Patna High Court

Umesh Ray @ English RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to monetary and attendance conditions.

Summary

The petitioner, Umesh Ray, was arrested in connection with the seizure of 65 litres of illicit country-made liquor and charged under sections 30(a)(d), 34 and 36 of the Bihar Prohibition & Excise Act, 2016. He has one prior criminal record and has been in custody since 16 May 2026, claiming innocence. The petitioner offered to donate Rs.25,000 to a charitable organization without pleading guilty. The State opposed the bail, but the court, after considering the circumstances, allowed the regular bail application. Bail was granted on a bond of Rs.10,000 with two sureties, a condition to deposit Rs.25,000 with Ramakrishna Mission, and a requirement to appear at the police station every Sunday, failing which bail would be cancelled.

Issues considered

  • Whether regular bail should be granted to the accused under the Bihar Prohibition & Excise Act, 2016 for the alleged offence of illicit liquor possession.

Legislation cited

Subjects

  • regular bail
  • excise law
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42350 of 2026
                    Arising Out of PS. Case No.-643 Year-2018 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 Umesh Ray @ English Ray Son of Degan Rai Son of Vill.- Mahajee Chiaiya,
                 P.S.- Bakhtiyarpur, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rudal Singh, Advocate
                 For the Opposite Party/s :      Mr.Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence under sections 30(a)(d)/ 34/ 36 of the Bihar

                   Prohibition & Excise Act, 2016.

                                3. The recovery is of 65 litres of illicit country-made

                   liquor from many distilleries at Chiraiya Diyara near the bank of

                   Ganga.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has one criminal antecedent. He

                   further submits that the petitioner is in custody since 16.05.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.42350 of 2026(2) dt.29-06-2026
                                            2/3




          organization without accepting his guilt.

                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge, Excise, Barh

          (Patna)/     concerned        Court       below,     in        connection     with

          Bakhtiyarpur P.S. Case No. 643 of 2018.

                       9. This is also subject to the condition that the

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

          Ramakrishna Mission Ashrama, Nala Road, Patna 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.

                       10. As a condition of this order, the petitioner after

          being released on bail, is directed to mark his attendance at

          Bakhtiyarpur Police Station, District- Patna on every Sunday of

          the month. Any default in appearance at the Police Station will
              Patna High Court CR. MISC. No.42350 of 2026(2) dt.29-06-2026
                                                          3/3




                        result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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