Randhir Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25194 of 2026 Arising Out of PS. Case No.-677 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== Randhir Ray S/O Late Munilal Ray R/O Village- Katra, P.S- Bhagwan Bazar, Distt.- Saran.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raushan Raj, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-04-2026 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 25.02.2026, in connection with Bhagwan Bazar P.S. Case No. 677 of 2025, F.I.R. dated 09.12.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. Recovery is of 50 litres of illicit liquor.

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 it appears from the F.I.R. as well as seizure list that recovery has been made behind the Temple and petitioner has been made accused in the present

Patna High Court CR. MISC. No.25194 of 2026(2) dt.16-04-2026 2/3 case merely on the basis of suspicion and his previous criminal antecedent of the similar nature and except the suspicion, nothing has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further sumits that it appears from the seizure list that the seizure list witnesses are police personnel so there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 25.02.2026.

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 the pending matters.

6. Considering the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner and 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

Patna High Court CR. MISC. No.25194 of 2026(2) dt.16-04-2026 3/3 Bazar P.S. Case No. 677 of 2025, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be 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