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Patna High Court

Chhedi Ray @ Guddu Kumar @ Chadi RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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