Patna High Court

Sukesh Ray @ Sukesh RaiversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner subject to bond and conditions.

Summary

Sukesh Ray was arrested after 60 litres of country‑made liquor were recovered from a scooty, and a case was filed under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the owner of the vehicle, had no possession of the liquor, and was falsely implicated, noting the absence of incriminating material and his status as a passer‑by. He had been in custody since 26‑10‑2025 and possessed two prior criminal antecedents, while the prosecution opposed bail. The court examined the facts, the length of custody, the lack of direct evidence, and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and decided to grant bail. Bail was ordered on a bond of Rs 15,000 with two sureties and conditions requiring a family member as a bailor and regular court appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition act
excise
criminal procedure
Section 30(a)
Section 103
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5436 of 2026
                         Arising Out of PS. Case No.-330 Year-2025 Thana- PARSA District- Saran
                 ======================================================
                 Sukesh Ray @ Sukesh Rai S/O Surendra Ray @ Surendra Rai R/O Vill.-
                 Gangoi, P.S.- Bheldi, Dist.- Saran.
                                                                     ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mili Kumari, Advocate
                 For the Opposite Party/s :       Mr.Rajesh Kumar, Advocate
                 ======================================================
                 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 Parsa

                   P.S. Case No. 330 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 60 liters

                   of country made liquor was recovered from scooty. 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. He further

                   submitted that, in fact, petitioner was apprehended from his

                   house. The name of the petitioner has transpired as being owner

                   of the vehicle, but he was passersby of the way and has become
           Patna High Court CR. MISC. No.5436 of 2026(2) dt.31-01-2026
                                                       2/2




                     victim of circumstances. The petitioner is in custody since

                     26.10.2025 and has got two criminal antecedents. 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 Parsa P.S. Case No.

                     330 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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