Budhiram Rai @ Budhiram Ray Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Budhiram Rai @ Budhiram Ray Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Buxar/successor court in connection with Dumraon P.S. Case No. 37 of 2026, subject to deposit of Rs. 25,000/- with Ramakrishna Math (with verified receipt) and attendance at Dumrao Police Station on the first and third Sunday of each month.

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Dumraon P.S. Case No. 37 of 2026, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

The bail application is allowed in view of the facts and circumstances of the case, the petitioner's clean antecedents and the period of custody already undergone.

Ratio / Principle

Bail is conditioned on the petitioner depositing Rs. 25,000/- with Ramakrishna Math, Village Jharha (near Matua Pahar), P.O. Gurua, Dist. Gayaji, Bihar, producing a valid receipt before the court below; the bail bonds are to be accepted only after verification of the genuineness of that receipt.

Key takeaways

Further bail condition: the petitioner shall mark his attendance at Dumrao Police Station on the first and third Sunday of each month, and in the event of default the bail bonds shall be liable to be cancelled.ratio¶¶23
Any observation made in the order is prima facie in nature and limited solely to adjudication of the present bail application; such observations shall not be construed as an expression on the merits and shall not influence the trial or any other proceedings.obiter¶¶26

Detailed headnote1 paragraphs

Bail — Section 30(a), Bihar Prohibition and Excise Act — recovery of 68.7 litres of illicit foreign liquor from a motorcycle — petitioner in custody since 13.03.2026 with no criminal antecedent — regular bail allowed considering the facts and circumstances, clean antecedents and period of custody — bail bonds of Rs. 10,000/- with two like sureties before Exclusive Special Excise Court No. 1, Buxar — conditions: deposit of Rs. 25,000/- with Ramakrishna Math, Village Jharha, Dist. Gayaji (acceptance of bonds only after verification of receipt) and attendance at Dumrao Police Station on the first and third Sunday of each month, default inviting cancellation — observations in the order expressly prima facie and confined to the bail adjudication.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26127 of 2026

Arising Out of PS. Case No.-37 Year-2026 Thana- DUMRAO District- Buxar

======================================================

BUDHIRAM RAI @ BUDHIRAM RAY S/o- Late Chotak Rai @ Chhotak Ray R/v- Maharaura Ps- Dumraon Dist- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s : Ms. Pushpa Sinha.1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 21-04-2026 Heard learned counsel for the parties.

The petitioner seeks regular bail in connection with

Dumraon P.S. Case No. 37 of 2026, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Recovery is of 68.7 litres of illicit foreign liquor from a motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no criminal antecedent and he is in custody since 13.03.2026.

Learned A.P.P. for the State has opposed the prayer

for bail.

Considering the facts and circumstances of the

Patna High Court CR. MISC. No.26127 of 2026(2) dt.21-04-2026 2/3

case, clean antecedent of the petitioner and also period of custody, this bail application is allowed.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Buxar/successor court in connection with Dumraon P.S. Case No. 37 of 2026, subject to the condition that:

(i). The petitioner shall deposit a sum of Rs. 25,000/- (Rupees TwentyFive Thousand only) with Ramakrishna Math, Village Jharha (near Matua Pahar), P.O. Gurua, Dist. Gayaji, Bihar, and shall produce a valid receipt thereof before the court below. The bail bonds shall be accepted only after verification of the genuineness of the said receipt.

(ii) The petitioner shall mark his attendance at Dumrao Police Station on the first and third Sunday of each month. In the event of default, the bail bonds shall be liable to be cancelled.

It is made clear that any observation made herein is

Patna High Court CR. MISC. No.26127 of 2026(2) dt.21-04-2026 3/3

prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J)

Ranjeet/-

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