Patna High Court
Aman RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary sureties and conditions of appearance.
Summary
Aman Ray, a driver, was arrested after 240.87 litres of liquor were recovered from an auto he was driving, and he was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the vehicle, had no knowledge of the liquor, and that no incriminating material linked him to the contraband, also noting a lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed bail. Considering the facts, the period of custody already served, and the petitioner’s claim of innocence, the Court decided to grant bail subject to monetary sureties and conditions of appearance. The bail order required a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and stipulated cancellation of bail for failure to appear on two consecutive dates. The decision reflects the Court’s discretion to balance the seriousness of the offences with the petitioner’s right to liberty pending trial.
Issues considered
- Whether bail should be granted to the accused driver under the charges of illicit liquor possession and related offences.
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
- Whether the petitioner’s role as a driver, without ownership or knowledge of the contraband, mitigates the risk of non‑appearance or tampering with evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(5), 318(4), 61(2)
Subjects
- bail
- criminal procedure
- liquor possession
- driver liability
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89914 of 2025
Arising Out of PS. Case No.-282 Year-2025 Thana- AMDABAD District- Katihar
======================================================
Aman Ray S/O Late Kuldeep Ray Resident of Mohalla- Driver Tola, P.S-
Katihar Town (Nagar) District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Amdabad P.S. Case No. 282 of 2025, instituted for the offences
punishable under Sections 318(4), 303(2), 317(5), 61(2) of the
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 240.87 liters
liquor was recovered from auto and the petitioner was arrested
on spot.
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
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is not the
owner of the auto in question rather he is driver of that auto and
has got no knowledge with regard to the nature of goods loaded
in the vehicle. The petitioner is in custody since 19.11.2025 and
has got two 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 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 Amdabad P.S. Case
No. 282 of 2025, 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.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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