Patna High Court
Chhedi Ray @ Guddu Kumar @ Chadi RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Chhedi Ray, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 200 litres of liquor recovered from an open area near the Ganga River. The petitioner claimed innocence, arguing that no incriminating material was found in his possession and that his name was implicated solely on local disclosures, also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, asserting the seriousness of the offence. Considering the lack of direct evidence, the petitioner’s custody period, and procedural lapses, the Court inclined to grant bail. Bail was ordered on furnishing a bond of Rs.15,000 with two sureties and subject to conditions regarding family surety and appearance in court.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the circumstances of the recovery of liquor establish a prima facie case warranting denial of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal procedure
- liquor possession
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9477 of 2026
Arising Out of PS. Case No.-1240 Year-2025 Thana- SONEPUR District- Saran
======================================================
Chhedi Ray @ Guddu Kumar @ Chadi Ray S/o- Jagarnath Rai @ Jagarnath
Ray @ Jagnath Ray R/v- Rahimpur Parmanandpur Ps- Sonepur Dist- Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sonepur P.S. Case No. 1240 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 200 liters
liquor was recovered from plastic bags in an open place near
Ganga river.
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.9477 of 2026(2) dt.12-02-2026
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis disclosure made by local people. It is further
submitted that the alleged recovery has been made from an open
place and the same is easily accessible to the public at large. The
petitioner is in custody since 27.01.2026 and has got four
criminal antecedent. 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 Sonepur P.S. Case No. 1240 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.9477 of 2026(2) dt.12-02-2026
3/3
(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
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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