Patna High Court
Prem Shankar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to prescribed conditions.
Summary
The petitioner, Prem Shankar Rai, sought bail in a case under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act concerning the recovery of 201 litres of liquor from a riverbank. The prosecution alleged his involvement, while the petitioner claimed false implication, noting that no liquor was found in his possession and the recovery was from a public area. He had been in custody since 24‑12‑2025 and possessed five prior criminal convictions, and the State argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The court considered the facts, the length of custody, and the lack of direct evidence against him, and decided to grant bail. Bail was ordered on furnishing a Rs.15,000 bond with two sureties, subject to conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to the petitioner despite five prior convictions and alleged involvement in liquor seizure.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.
- Whether the recovery of liquor from a public place establishes a sufficient prima facie case to deny bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedents
- Section 103 Bharatiya Nagarika Suraksha Sanhita
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10528 of 2026
Arising Out of PS. Case No.-326 Year-2024 Thana- CHHAURADANO District- East
Champaran
======================================================
Prem Shankar Rai S/O Raghuvir Rai @ Raghuvir Yadav Resident of village-
Kudarkat, P.S.- Chhauradano, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chhauradano P.S. Case No. 326 of 2024 instituted for the
offences punishable under Sections 30(a), 41(i) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 201 litres
of liquor has been recovered from the bank of the river.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.10528 of 2026(3) dt.24-02-2026
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petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 24.12.2025 and has five
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarika 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 as also 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, after framing
of charge, if not already framed, 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 Chhauradano P.S.
Case No. 326 of 2024, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
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the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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