Pattar Ray @ Bhushan Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40132 of 2026 Arising Out of PS. Case No.-350 Year-2026 Thana- BHAGWAN BAZAR District- Saran ====================================================== Pattar Ray @ Bhushan Ray S/o Bhola Ray R/o vill - Brahampur Nai Basti, P.S.- Bhagwan Bazar, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raushan Raj, Advocate For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-06-2026 Heard Mr. Raushan Raj, learned counsel for the petitioner and Ms. Sucheta Yadav, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 14.05.2026 in connection with Bhagwan Bazar P.S. Case No. 350 of 2026, F.I.R. dated 23.04.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 157.7 liters of illicit English liquor.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.40132 of 2026(2) dt.29-06-2026 2/3 the recovery of 157.7 liters of English liquor has been made from the place of occurrence and name of the petitioner has been transpired on the basis of secret information/spy and except the aforesaid, nothing has come during investigation which suggest the involvement of the petitioner in the present occurrence. The petitioner is in custody since 14.05.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that nothing has been recovered from the conscious possession of the petitioner, petitioner has clean antecedent and his name has been transpired on the basis of secret information/spy, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 350 of 2026 subject to the following conditions:- i. 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
Patna High Court CR. MISC. No.40132 of 2026(2) dt.29-06-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 antecedent, 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) Vanisha/- U T