Gujesh Kumar Ray @ Gunjesh Kumar Ray@ Gungesh Kumar Vs The… — Anticipatory Bail | Patna HC (2026)

Gujesh Kumar Ray @ Gunjesh Kumar Ray@ Gungesh Kumar Vs The… — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within four weeks, on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge (Excise)-1st, Samastipur, in connection with Angarghat P.S. Case No.09 of 2026, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, named in FIR Angarghat P.S. Case No.09 of 2026 (registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022) and apprehending arrest, should be released on anticipatory bail. +1 more

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 Special Judge (Excise)-1st, Samastipur, in connection with Angarghat P.S. Case No.09 of 2026.

Ratio / Principle

Prima facie, the recovery of illicit liquor does not appear to have been made from the physical possession of the petitioner, who is a man of clean antecedent.

Key takeaways

The release on bail is subject to the conditions laid down under Section 438(2) of the CrPC and under Section 482(2) of the BNSS.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail granted. Accused named in FIR (Angarghat P.S. Case No.09 of 2026, District Samastipur) registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, apprehended arrest. Allegation: illegal trade/manufacturing of illicit liquor with recovery of 18.75 litres of IMFL/country-made liquor. Counsel submitted petitioner was arrayed solely on disclosure of apprehended co-accused Chhotelal Ray @ Upendra Ray, that recovery was from an open field near Bihar Mutton and Biryani House, and not from his conscious possession; clean antecedent claimed; APP opposed. Court, taking prima facie note that the recovery did not appear to be from the petitioner's physical possession and that he was a man of clean antecedent, directed release on bail on arrest or surrender within four weeks on a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge (Excise)-1st, Samastipur, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS. (Chandra Shekhar Jha, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40822 of 2026

Arising Out of PS. Case No.-9 Year-2026 Thana- ANGARGHAT District- Samastipur

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

Gujesh Kumar Ray @ Gunjesh Kumar Ray@ Gungesh Kumar

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Surya Narayan Roy, Advocate For the Opposite Party/s : Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

2 24-06-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is named in the FIR and

apprehending his arrest in connection with Angarghat P.S. Case No.09 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

Allegation against the petitioner is to engage in

illegal trade/manufacturing of illicit liquor, where there is recovery of 18.75 litres of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

the petitioner that the name of petitioner arrayed solely on

Patna High Court CR. MISC. No.40822 of 2026(2) dt.24-06-2026 2/3

the basis of disclosure made by apprehended co-accused , namely, Chhotelal Ray @ Upendra Ray. It is also submitted that the recovery of illicit liquor was made from field near Bihar Mutton and Biryani House which is an open place and easily accessible by general public. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. Petitioner claimed clean antecedent.

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

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 physical possession of this petitioner, who is a man of clean antecedent, 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 learned Special Judge(Excise)- 1^st , Samastipur, in connection

Patna High Court CR. MISC. No.40822 of 2026(2) dt.24-06-2026 3/3

with Angarghat P.S. Case No.09 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J)

aniket/-

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