Patna High Court
Harendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary surety and specific conditions.
Summary
Harendra Ray was arrested in connection with the seizure of 220 litres of illicit liquor and charged under Sections 30(a), (c), (d) and 41 of the Bihar Prohibition and Excise Act and Section 414 read with Section 34 of the IPC. The petitioner claimed he was falsely implicated, arguing that the liquor was recovered from a public place and not from his possession, and highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, while the petitioner, already in custody since 24‑12‑2025 and having six prior convictions, sought release. The court, noting the circumstances, the earlier bail granted to a co‑accused, and the procedural lapse, decided to grant bail subject to monetary surety and several conditions. The order directed the petitioner to appear at all trial dates and warned of bail cancellation for non‑appearance, tampering with evidence, or committing similar offences.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and his criminal antecedents
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail
- Whether the recovery of liquor from a public place negates the petitioner’s alleged possession for bail considerations
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 34, 414
Subjects
- bail
- illegal liquor
- prohibition and excise
- IPC 414
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7111 of 2026
Arising Out of PS. Case No.-92 Year-2020 Thana- RAGHOPUR District- Vaishali
======================================================
Harendra Ray Son of Late Mangal Ray R/o Sukumarpur, P.S. Raghopur,
(Rustampur O.P.), District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the Opposite Party/s : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Raghopur (Rustampur OP) P.S. Case No. 92/2020 instituted for
the offences punishable under Sections 30(a)(c)(d) and 41 of the
Bihar Prohibition and Excise Act and Section 414 read with
Section 34 of the Indian Penal Code.
3. The prosecution case, in short, is that total 220 litres
of liquor was recovered from six jute bags including one
motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.7111 of 2026(2) dt.30-01-2026
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possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
other co-accused person has already been granted bail by this
court vide order dated 19.01.2026 passed in Cr. Misc. No.
510/2026. The petitioner is in custody since 24.12.2025 and has
six criminal antecedents. There is no compliance of Section 103
of the Bharatiya Nagarika 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 as also 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 Raghopur
(Rustampur OP) P.S. Case No. 92/2020, 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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
atul/-
U T
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