Patna High Court
Ram Naresh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted and ordered the petitioner’s release on regular bail.
Summary
Ram Naresh Ray was charged under Sections 30(a), 41(1) and 41(2) of the Excise Act for the alleged recovery of 2,656.8 litres of liquor from a truck and a Bolero vehicle. The petitioner argued that he was not arrested at the spot, had no conscious possession of the liquor, and was merely the owner of the vehicle used by another person. He also highlighted his seven prior cases but assured the court of his cooperation and that he would not abscond. The State opposed bail, fearing the petitioner might flee given his antecedents. The High Court, after considering the submissions, ordered his release on regular bail with a bond of Rs.10,000 and two sureties, allowing the bail application.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 41(1) and 41(2) of the Excise Act despite his antecedent cases.
- Whether ownership of the vehicle, without proof of conscious possession of the liquor, is sufficient ground to deny bail.
Legislation cited
- Excise Act — s. 30(a), 41(1), 41(2)
Subjects
- bail
- Excise Act
- Section 30
- Section 41
- vehicle ownership
- antecedent cases
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88369 of 2025
Arising Out of PS. Case No.-445 Year-2022 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Ram Naresh Ray Son of Anup Lal Ray Resident of Village -Harpur Bhindi PS
-Tajpur District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for
the offences punishable under Sections 30(a), 41(1) and
41(2) of the Excise Act.
3. The learned counsel for the petitioner submits
that the petitioner has antecedent of seven cases and
allegation is of recovery of 2656.8 litres of liquor from a
truck and a Bolero.
4. The learned counsel for the petitioner submits
that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and
Patna High Court CR. MISC. No.88369 of 2025(2) dt.30-01-2026
2/3
he came to be implicated based on the fact that he is owner
of the seized Bolero. It is next submitted that no prudent
person would use his own vehicle for committing a crime
and thus, would create evidence against himself and hence,
would get implicated. It is further submitted that petitioner
was completely unaware that Satyapal would misuse the
vehicle in the manner as alleged as he was also apprehended
at the spot. It is also submitted that petitioner is in custody
since 08.10.2025 and charge-sheet has been submitted.
5. Learned A.P.P. opposes the bail application and
submits that in the event, if privilege of bail is granted to
the petitioner, the petitioner may abscond as he has
antecedent of seven cases, on which the learned counsel
appearing on behalf of the petitioner submits that petitioner
will not abscond rather will cooperate in the trial to prove
his innocence.
6. Considering the submissions made by the
learned counsel for the petitioner, the petitioner, above-
named, is directed to be released on regular bail on his
furnishing bail-bonds in the sum of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.88369 of 2025(2) dt.30-01-2026
3/3
the satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Samastipur
Muffasil P. S. Case No.445 of 2022.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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