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Patna High Court

Anutha RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the lack of incriminating evidence, the petitioner’s clean antecedents, and the statutory non‑compliance, bail must be granted.

Summary

The petitioner, Anutha Ray, was arrested for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 110 litres of illicit liquor were recovered near a pond. He claimed innocence, asserting no incriminating material was found on his person and that the recovery occurred in a public area. The petitioner had been in custody since 21‑09‑2025 and possessed no prior criminal record, while the prosecution highlighted the seizure. The State opposed bail, but the court noted the absence of evidence, the petitioner’s clean antecedents, and the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and with a clean record.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • Bihar
  • criminal procedure
  • public seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5421 of 2026
                 Arising Out of PS. Case No.-279 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
                 Anutha Ray Son of Late Rajendra Rai Resident of Village - Dostiya Barwa,
                 P.S.- Lakhaura, District - East Champaran
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amit Kumar, Advocate
                 For the Opposite Party/s :      Ms.Anita Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Lakhaura P.S. Case No. 279 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 110

                   liters of country made liquor was recovered near a pond.

                   Petitioner was arrested on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
           Patna High Court CR. MISC. No.5421 of 2026(2) dt.31-01-2026
                                                       2/2




                     for the petitioner further submitted that the recovery has been

                     made from open place, which is accessible to public at large.

                     The petitioner is in custody since 21.09.2025 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik 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 and 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 Lakhaura P.S. Case

                     No. 279 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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