Patna High Court
Anutha RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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