Patna High Court
CHHEDI RAY @ GUDDU KUMAR @ CHEDI RAIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Chhedi Ray, was charged under Sections 30(a), (b) and (c) of the Bihar Prohibition and Excise Act for allegedly possessing 230 litres of liquor recovered from an open place. The petitioner claimed innocence, stating that no liquor was found in his possession, his name was supplied by a local watchman, and the recovery was from a publicly accessible area; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the circumstances, including the petitioner’s custody since 20‑01‑2026 and his four prior criminal antecedents, the Court decided to grant bail. Bail was ordered on furnishing a bond of Rs. 15,000 with two sureties and subject to conditions regarding family surety, appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to a person accused under the Bihar Prohibition and Excise Act for possession of liquor.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further similar offences.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9697 of 2026
Arising Out of PS. Case No.-1244 Year-2025 Thana- SONEPUR District- Saran
======================================================
CHHEDI RAY @ GUDDU KUMAR @ CHEDI RAI S/o Jagarnath Rai @
Jagarnath Ray R/o vill - Rahimpur, Parmanandpur, P.S.- Sonepur, Distt.-
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. 1244 of 2025, instituted for the offences
punishable under Sections 30(a) and 30(b) and 30(c) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 230 liters
liquor was recovered from an open place in plastic sack and
tubes.
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.9697 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 of disclosure made by local chaukidar. 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 20.01.2026 and has got
four 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 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. 1244 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.9697 of 2026(2) dt.12-02-2026
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(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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