Patna High Court
Sunil Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Sunil Kumar Ray, was arrested in connection with a case alleging possession of 200 litres of liquor recovered from a public area, and was charged under sections 30(a), 30(b) and 30(c) of the Bihar Prohibition and Excise Act. He contended that no liquor was found in his personal possession and that he had been falsely implicated, noting that the recovery was from an open place accessible to the public. The petitioner had been in custody since 1 January 2026 and possessed one prior criminal record, and the State failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 regarding bail procedures. The State opposed the bail application, arguing the seriousness of the offence. After considering the lack of direct evidence against the petitioner, the procedural lapse, and the period of custody already served, the Court decided to grant bail. The bail was conditioned on a bond of Rs. 15,000 with two sureties of the same amount each.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under the Bihar Prohibition and Excise Act.
- Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
- Whether the petitioner’s alleged false implication and lack of incriminating material in his possession justify release on bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- procedural compliance
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5314 of 2026
Arising Out of PS. Case No.-1243 Year-2025 Thana- SONEPUR District- Saran
======================================================
Sunil Kumar Ray Son of Late Suresh Ray Resident of Village- Jaitiya, P.S.-
Sonepur, District- Saran, (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rahul Mandal, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Sonepur
P.S. Case No. 1243/2025 instituted for the offences punishable
under Section 30(a), 30(b) and 30(c) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 200 litres
of liquor has been recovered from plastic sack near the river.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.5314 of 2026(2) dt.29-01-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 01.01.2026 and has one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sonepur P.S. Case
No. 1243/2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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