Patna High Court

Nitesh Rai @ Nitish RaiversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Nitesh Rai, was arrested on 5 December 2025 after 50 litres of liquor were recovered from a motorcycle and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the motorcycle, that no incriminating material was found in his possession, and that his arrest was based solely on suspicion, also invoking non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s custody duration, and his claim of innocence, the Court inclined to grant bail. The Court ordered his release on bail of Rs. 15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest.
Whether arrest on mere suspicion without possession of contraband justifies denial of bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
suspicion
ownership
Section 30(a)
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12650 of 2026
                     Arising Out of PS. Case No.-319 Year-2025 Thana- AWTARNAGAR District- Saran
                 ======================================================
                 Nitesh Rai @ Nitish Rai Son of Bhola Rai Resident of village- Mathurapur,
                 Ps- Awtar Nagar, Dist- Saran at Chapra

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Kumar Yadav, Advocate
                 For the Opposite Party/s :      Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Awtar

                   Nagar P.S. Case No. 319 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 50 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.12650 of 2026(2) dt.24-02-2026
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          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner is not the

          owner of the motorcycle in question. It is further submitted that

          the petitioner was arrested only on the basis of suspicion. The

          petitioner is in custody since 05.12.2025 and has got one

          criminal antecedent in which he is on bail. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Awtar Nagar P.S.

          Case No. 319 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.12650 of 2026(2) dt.24-02-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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