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Patna High Court

Shri Fultun Ray @ Fultun Kumar @ Fultun RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to bail and ordered his release on bail with conditions.

Summary

Shri Fultun Ray was arrested in connection with the recovery of 143.910 litres of liquor from a Tata Sumo car, alleged to violate Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. An anticipatory bail application had earlier been rejected. The petitioner contended that he was neither the owner nor driver of the vehicle, no incriminating material was found in his possession, and the case against him was based solely on a chaukidar's disclosure, despite having three prior criminal antecedents. The State opposed the bail. Considering the lack of direct evidence, the period of custody, and the circumstances, the Court granted regular bail subject to a cash bond and sureties, and imposed conditions regarding family surety and appearance in court.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the rejection of anticipatory bail and his criminal antecedents.
  • Whether the prosecution has complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the arrest.
  • Whether the evidence linking the petitioner to the liquor seizure is sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • liquor seizure
  • Bihar Prohibition Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • Section 103
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5622 of 2026
                   Arising Out of PS. Case No.-162 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Shri Fultun Ray @ Fultun Kumar @ Fultun Ray Son of Rambali Ray @
                 Rambali Yadav Resident of Village- Mahmadpur Sakra, P.S.- Bibhutipur,
                 District- Samastipur
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anant Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, 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

                   Bibhutipur P.S. Case No. 162 of 2025, instituted for the offences

                   punishable under Sections 274, 275 of the Bharatiya Nyaya

                   Sanhita, 2023 read with Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. Earlier, anticipatory bail of the petitioner has been

                   rejected by a co-ordinate Bench of this Court vide order dated

                   19.08.2025 passed in Cr. Misc. No. 48765 of 2025.

                                4. The prosecution case, in short, is that there is

                   recovery of 143.910 liters of liquor from Tata Sumo car.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.5622 of 2026(2) dt.29-01-2026
                                            2/3




          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. It is also

          submitted that the petitioner is neither owner nor driver of the

          car in question. The petitioner was not arrested on spot. Name of

          the petitioner has transpired in this case on the basis of

          disclosure made by local chaukidar. The petitioner is in custody

          since 15.12.2025 and has got three criminal antecedents. There

          is no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023. Learned counsel for the petitioner

          further submits that other co-accused has been granted regular

          bail by this Court vide order dated 15.07.2025 passed in Cr.

          Misc. No. 44382 of 2025.

                       6. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       8. 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
             Patna High Court CR. MISC. No.5622 of 2026(2) dt.29-01-2026
                                                         3/3




                       below/concerned Court in connection with Bibhutipur P.S. Case

                       No. 162 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)
Rajorshi/-

U       T


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