Patna High CourtCR. MISC./36007/2026bail granted

Arun Kumar Ray v. The State Of Bihar

2026-06-08Mrs. Justice Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36007 of 2026 Arising Out of PS. Case No.-156 Year-2026 Thana- Excise P.S. District- Siwan ====================================================== Arun Kumar Ray Barhamadeo Roy @ Brahmadeo Ray R/O - Manohar Park, P.S - Panjabi Bag, District - West Delhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 296.640 liters of foreign liquor is said to have been recovered from a pickup van.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. It is submitted that the petitioner is only a driver of the said vehicle and he had no knowledge of the seized liquor. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list and the

Patna High Court CR. MISC. No.36007 of 2026(2) dt.08-06-2026 2/2 petitioner with no criminal antecedent is languishing in judicial custody since 27.02.2026 and charge sheet has already been submitted.

5. Learned APP for the State opposes the prayer for bail.

6. Taking into consideration the facts and circumstances and also considering the fact that there is laches in the process of search and seizure coupled with the fact that the petitioner has no criminal antecedent, let the above named petitioner be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Siwan (Excise) P.S. Case 156 of 2026.

(Soni Shrivastava, J) devendra/- U T