Patna High Court
Intajar DewanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioners, subject to bond and conditions.
Summary
The petitioners—Intajar Dewan, Rupesh Kumar and Rajnish Kumar—were arrested in connection with a case involving the seizure of 300 litres of country‑made liquor from three motorcycles, alleged to violate Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 34 of the Bihar Narcotic Substances Act. The petitioners contended that they were not the owners of the motorcycles, that no incriminating material was found on them, and that the police had not complied with Section 103 of the BNSS, 2023, thereby falsely implicating them. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the lack of prior criminal record, the alleged procedural lapse, and the period of custody already served, decided to grant bail subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance in court. The bail order was issued by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged contravention of the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act.
- Whether the alleged non‑compliance with Section 103 of the BNSS, 2023, warrants bail.
- Whether the petitioners pose a flight risk or threat to the investigation.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 34
Subjects
- bail
- prohibition and excise
- country‑made liquor
- procedural compliance
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1184 of 2026
Arising Out of PS. Case No.-560 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
1. Intajar Dewan S/o Moharram Dewan R/o Vill- Chhapra Bahas, PS- Sugauli,
Distt- East Champaran
2. Rupesh Kumar S/o Vinod Sahani R/o Vill- Mehwa, PS- Sugauli, Distt- East
Champaran
3. Rajnish Kumar S/o Late Bhulan Sah R/o Vill- Chhapra Bahas, PS- Sugauli,
Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Turkauliya
PS Case No. 560 of 2025 instituted for the offences under
Sections 30(a) & 41(1) of the Bihar Prohibition and Excise Act
and Sections 274, 275, 34 of the BNS.
3. The prosecution case, in short, is that 300 liters of
country made liquor was recovered from three motorcycles.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
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the conscious possession of the petitioners. The petitioner have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners submit that the petitioners are not the
owner of the said motorcycles and have been implicated in this
case by the police with ulterior motive. The petitioners are in
custody since 27.11.2025 and have got no criminal antecedent.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioner be released on bail on furnishing bail
bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Turkauliya PS Case No. 560 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioners.
(II) The petitioners shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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