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Patna High Court

Ram Naresh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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