Randhir Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22696 of 2026 Arising Out of PS. Case No.-147 Year-2026 Thana- BHAGWAN BAZAR District- Saran ====================================================== Randhir Ray Son of Late Munilal Ray Resident of Village - Katra, P.S.- Bhagwan Bazar, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raushan Raj, Advocate For the State :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Mr. Raushan Raj, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 19.02.2026, in connection with Bhagwan Bazar P.S. Case No. 147 of 2026, F.I.R. dated 18.02.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.
3. Recovery is of 01 litres of country made mahua liquor and Rs. 2,280/- from the pocket of the petitioner..
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that from perusal of the F.I.R. it appears that 01 litre of country made Mahua liquor and Rs.
Patna High Court CR. MISC. No.22696 of 2026(2) dt.07-04-2026 2/3 2,280/- were recovered from the possession of the petitioner. He further submits that although the allegation as alleged in the F.I.R. that the recovery has been made from the possession of the petitioner but it appears from the seizure list that there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 19.02.2026.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases of similar nature other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in three cases and rest two cases are pending for consideration before the competent court of law.
6. Considering the facts and circumstances of the case and the fact that there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Judge, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 147 of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.22696 of 2026(2) dt.07-04-2026 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T