Authority: High Court of Judicature at Patna
Order Date: 07-07-2026
Case Overview
- Petition filed by Binod Kumar Ray, son of Nawab Ray, resident of Lekha Nagar, Danapur, Patna, owner of Hotel Surya Inn, against the State of Bihar under Criminal Miscellaneous No.44264 of 2026, arising from PS Case No.264 of 2026, Thana Khagaul, District Patna.
- The petitioner sought anticipatory bail for alleged offences under Sections 30(a) and 37 of the Bihar Excise Act and Section 45 of the BNS Act, relating to alleged recovery of 6.5 litres of liquor from the 6th floor of Hotel Surya Inn.
- Counsel for the petitioner argued that he has a clean antecedent, the liquor was not found in his conscious possession, and his implication is solely due to his ownership of the premises; the allegation is based on a confessional statement of an accused in police custody, which lacks evidentiary value.
- The State’s Additional Public Prosecutor opposed the anticipatory bail.
Final Outcome
- The Court, after considering the submissions, granted provisional anticipatory bail to the petitioner, subject to furnishing a bail bond of Rs 500 and two sureties of Rs 500 each, to be satisfied by the trial court where the case is pending.
- The provisional bail is conditioned on verification of the petitioner’s criminal antecedent within six weeks from the order date; if any prior case is discovered, the bail will not be confirmed, otherwise it will be confirmed immediately.
Topics: Anticipatory Bail, Excise Offence