Allowed¶19

Sudama Ray v. The State of Bihar

Patna HC23 Jun 2026CR. MISC./40219/2026

Case brief

AI extract

What is this about?

anticipatory bail; Bihar Prohibition and Excise Act Sections 30(a), 41(1); illicit liquor; IMFL/country-made liquor recovery 32 liters; conscious physical possession; Kalyanpur P.S. Case No.157 of 2026; East Champaran; Motihari Exclusive Special Excise Court No. 3; Section 438(2) CrPC; Section 482(2) BNSS; bail bond Rs.10,000; criminal antecedents

What did the court decide?

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks, on bail bond of Rs.10,000 with two sureties of the like amount each, before the Exclusive Special, Excise Court No. 3, Civil Court, East Champara at Motihari, in connection with Kalyanpur P.S. Case No.157 of 2026, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS. ¶19

Sudama Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, named in the FIR and apprehending arrest in Kalyanpur P.S. Case No.157 of 2026 under the Bihar Prohibition and Excise Act, should be granted anticipatory bail. +1 more

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Court's answer

In the event of arrest or surrender before the court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000 with two sureties of the like amount each to the satisfaction of the learned Exclusive Special, Excise Court No. 3, Civil Court, East Champara at Motihari, in connection with Kalyanpur P.S. Case No.157 of 2026.

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Ratio / Principle

Taking note of the factual submissions, recovery of the illicit liquor prima facie does not appear to have been made from the conscious physical possession of the petitioner.

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Key takeaways

The release on bail is subject to the conditions laid down under Section 438(2) of the CrPC and Section 482(2) of the BNSS.ratio¶21-22

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Criminal Miscellaneous No.40219 of 2026, decided 23-06-2026, Chandra Shekhar Jha, J): petitioner named in Kalyanpur P.S. Case No.157 of 2026 (East Champaran) registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for alleged illegal trade/manufacturing of illicit liquor with recovery of 32 liters of IMFL/country-made liquor. Court noted recovery prima facie not made from the conscious physical possession of the petitioner and that he has two similar antecedent cases in which he is on bail. Directed release on bail upon arrest or surrender within four weeks on a bail bond of Rs.10,000 (two like sureties) before the Exclusive Special, Excise Court No. 3, Civil Court, East Champara at Motihari, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40219 of 2026

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Arising Out of PS. Case No.-157 Year-2026 Thana- KALYANPUR District- East Champaran

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

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Sudama Ray Son of Dasai Ray Resident of Village- Yamunapur, Belwa Dih, P.S.- Kalyanpur, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, For the Opposite Party/s : Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 23-06-2026 Heard learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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The accused/petitioner is named in the FIR and

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apprehending his arrest in connection with Kalyanpur P.S. Case No.157 of 2026 registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

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Allegation against the petitioner is to engage in

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illegal trade/manufacturing of illicit liquor, where there is recovery of 32 liters of IMFL/country-made liquor.

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It is submitted by learned counsel appearing for

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Patna High Court CR. MISC. No.40219 of 2026(2) dt.23-06-2026 2/3

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the petitioner that the recovery of illicit liquor was made from the bamboo orchard which is near the house of the petitioner. It is submitted that the recovery of illicit liquor was not made from conscious physical possession of the petitioner. Explaining criminal antecedent, it is submitted that the petitioner found involved in two more criminal cases of similar nature, where he is on bail.

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Learned APP opposed the prayer of anticipatory bail to the petitioner.

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In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to 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 the learned Exclusive Special, Excise Court No. 3, Civil Court, East Champara at Motihari, in connection with Kalyanpur P.S. Case No.157 of 2026,

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Patna High Court CR. MISC. No.40219 of 2026(2) dt.23-06-2026 3/3

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subject to the conditions as laid down under Section 438(2)

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of the CrPC/under Section 482(2) of the BNSS.

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(Chandra Shekhar Jha, J)

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aniket/-

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U T

Sudama Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sudama Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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