Patna High Court
Shri Fultun Ray @ Fultun Kumar @ Fultun RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
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
Checking your session…