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Patna High Court

Vishwanath RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is to be granted to the petitioner as the evidence is insufficient and he has a clean antecedent.

Summary

Vishwanath Ray was arrested in connection with the alleged recovery of 947.475 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner argued that he has a clean antecedent, was not arrested at the spot, and that the liquor was not found in his possession; the only link was a confession by the alleged co‑accused, which the petitioner contended lacks evidentiary value. The State opposed bail. The court, after considering the clean record, lack of direct possession, and the doubtful reliability of the co‑accused’s confession, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the trial court handling PS‑Minapur Case No.438/2025. The decision reflects the principle that bail may be granted where the evidence against the accused is weak and the accused is not a flight risk.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 given the circumstances of the case.

Subjects

  • bail
  • prohibition law
  • excise
  • liquor seizure
  • clean antecedent
  • confession
  • evidentiary value

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6201 of 2026
                    Arising Out of PS. Case No.-438 Year-2025 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Vishwanath Ray S/o Ramswaroop Ray R/o Vill- Turki Shanichara Ashtan,
                 P.S.- Minapur, District- Muzaffarpur, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vibhuti Kumar
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

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

                   Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 947.475 litres of liquor from two places out of

                   which 935.475 litres is alleged to have been recovered from the

                   house of Sarvesh and 12 litres of liquor from shop of Sarvesh.

                   It is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession

                   and being father of Sarvesh came to be implicated in a

                   mechanical manner when he s a person with clean antecedent. It
             Patna High Court CR. MISC. No.6201 of 2026(2) dt.30-01-2026
                                                         2/2




                       is also submitted that Sarvesh was made to confess the name of

                       the petitioner in police custody which does not have any

                       evidentiary value and the petitioner is in custody since

                       31.12.2025.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.10,000/- (Rupees ten thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where

                       the case is pending/successor court in connection with Minapur

                       P.S. Case No.438/2025.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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