Patna High Court

Randhir Kumar Ray @ Randhir KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, finding the circumstances and clean antecedent sufficient to justify release.

Summary

Randhir Kumar Ray was arrested in connection with Chapra Rail PS Case No. 222 of 2025 for alleged possession of 45 liters of foreign liquor recovered from a bag, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found in his conscious possession, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court noted the petitioner’s clean antecedent, the lack of material directly linking him to the liquor, and the non‑compliance of Section 103 of the BNSS, 2023, and consequently decided to grant bail. Bail was ordered on furnishing a bond of Rs.15,000 with two sureties, subject to conditions including family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
foreign liquor
possession
clean antecedent
Section 30(a)
Bihar Prohibition and Excise Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90747 of 2025
                   Arising Out of PS. Case No.-222 Year-2025 Thana- CHAPRA RAIL P.S. District- Saran
                 ======================================================
                 Randhir Kumar Ray @ Randhir Kumar S/o- Bisundev Ray @ Vishnu Deo Rai
                 Vill- Jitwarpur Dih Chauth Ward no. 17, P.S- Samastipur Muffasil, Dist-
                 Samastipur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jeetendra Narayan, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Chapra

                   Rail PS Case No. 222 of 2025 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 106.65 liters

                   foreign liquor was recovered, out of which 45 liters was

                   recovered from the bag which was in the possession of the

                   petitioner.

                           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
Patna High Court CR. MISC. No.90747 of 2025(2) dt.12-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that recovery is made from running train and petitioner has

          become the victim of the circumstance. The petitioner is in

          custody since 27.10.2025 and has got no criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Chapra Rail PS Case No. 222 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

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.90747 of 2025(2) dt.12-01-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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