Patna High Court
Ashok RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Bail was denied to the petitioners.
Summary
The petitioners, four daily‑wage earners, were implicated in a case (Garkha PS Case No. 453 of 2026) for allegedly possessing 110 litres of illicit country‑made liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. They argued that no liquor was found in their conscious possession, the seizure took place in an open public area, and the seizure list lacked an independent witness’s signature, violating Section 100 of the Cr.P.C. They also claimed they were being targeted due to prior enmity. The State opposed bail, emphasizing the large quantity seized, the presence of manufacturing equipment, and the petitioners’ multiple prior criminal cases. The High Court, after hearing both sides, found the circumstances sufficient to deny bail and rejected the petition. The order upheld the bail denial pending trial before the Additional Sessions Judge‑Cum‑Exclusive Special Court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the alleged seizure of illicit liquor.
- Whether the seizure complied with the procedural requirements of Section 100 of the Criminal Procedure Code.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 100
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure procedure
- Section 100 CrPC
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42371 of 2026
Arising Out of PS. Case No.-453 Year-2026 Thana- GARKHA District- Saran
======================================================
1. Ashok Ray S/O Kameshwar Ray R/O Vill.- Tahal Tola, P.S.- Garkha, Dist.-
Saran at Chapra.
2. Butti Ray @ Sujit Kumar S/O Sitab Ray R/O Vill.- Tahal Tola, P.S.- Garkha,
Dist.- Saran at Chapra.
3. Akshay Ray @ Akshay Kumar S/O Utim Ray R/O Vill.- Tahal Tola, P.S.-
Garkha, Dist.- Saran at Chapra.
4. Umesh Ray @ Umesh Kumar S/O Jogi Ray @ Yogendra Ray @ Yougendra
Ray R/O Vill.- Tahal Tola, P.S.- Garkha, Dist.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-07-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Garkha P.S. Case No. 453 of 2026 registered on
19.04.2026 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act, 2016.
3. As per prosecution, total recovery of 110 liters of
illicit country-made liquor from an open place is the subject
matter of the present case.
Patna High Court CR. MISC. No.42371 of 2026(2) dt.08-07-2026
2/3
4. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. Nothing has been recovered from their conscious
possession nor were they apprehended from the place of
occurrence. The alleged place of recovery is an open place
accessible to all and neither the place of occurrence nor the
recovered articles belong to the petitioners. It is further
submitted that there is non-compliance of Section 100 Cr.P.C. as
no independent witness has signed the seizure list. The
petitioners are daily wage earner and have been implicated due
to previous enmity. It is lastly submitted that the petitioners are
ready to cooperate with the investigation and there is no
likelihood of their absconding or tampering with the evidence.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that during the raid, a huge
quantity of 110 litres of illicit country-made liquor along with
furnaces and other articles used for manufacturing liquor was
recovered from the place of occurrence. He further submits that
the antecedents of the petitioner are not clean as petitioner nos.1
and 2 are accused in one criminal case, petitioner no.3 is
accused in two criminal cases, petitioner no.4 is accused in three
more criminal cases.
Patna High Court CR. MISC. No.42371 of 2026(2) dt.08-07-2026
3/3
6. In this background, this Court is not inclined to
grant bail to the petitioner. Accordingly, the prayer for bail of
the petitioner in connection with Garkha P.S. Case No. 453 of
2026, pending before the learned Additional Sessions Judge-
Cum-Exclusive Special Court Excise Act-1 is hereby rejected.
(Dr. Anshuman, J)
Manshi/Ashwini
U T
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