Patna High Court
Hiralal RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Hiralal Ray, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 103.68 litres of liquor recovered from an open hut. The petitioner claimed innocence, stating no incriminating material was found in his possession and that the liquor was in a public area. He had been in custody since 12-12-2025 and possessed eight prior criminal antecedents, with no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the circumstances and period of custody, decided to grant bail subject to monetary sureties and several conditions. The bail order required the petitioner to appear regularly, not tamper with evidence or intimidate witnesses, refrain from similar offences, and not leave the jurisdiction without permission.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s antecedents.
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- Bihar
- criminal procedure
- bail conditions
- Indian law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7858 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- Excise P.S. District- Sheohar
======================================================
Hiralal Ray S/o- Vidyanand Ray Resident of village- Rampur Jadu ward no
01 P.S.- Fatehpur District- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Chobey Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and Mr.
Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with
Sheohar Excise P.S. Case No. 303 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 103.680
liters liquor was recovered from hut.
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. Learned counsel
for the petitioner further submitted that the recovery has been
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made from hut, which is an open place and accessible to public
at large. The petitioner is in custody since 12.12.2025 and has
got 08 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, after framing
of charge, if not already framed, 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 Sheohar Excise P.S. Case No. 303 of
2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
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the course of trial.
(IV) The Petitioner shall not commit offence of a
similar nature in future.
(V) The Petitioner shall not leave the territorial
jurisdiction of the learned court below without prior permission
of the court concerned.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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