Patna High Court
Janardhan Rai @ Janardhan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Janardhan Rai and Saroj Rai, were arrested in connection with a case involving an alleged boat carrying illegal liquor, firing at police, and possession of country‑made pistols, under Sections 109(1), 132, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, were not present at the scene, and that their names were supplied by a co‑accused, seeking bail after being in custody since 4 December 2025. The State opposed the bail application. The Court examined the allegations, the lack of specific overt acts against the petitioners, and the period of custody, and decided to grant bail subject to monetary surety and compliance conditions. The bail order required a bond of Rs 15,000 each with two sureties, a family member as bailor, and mandatory appearance at trial dates, with cancellation possible on two consecutive defaults. The petition for bail was therefore allowed.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act.
- Whether the prosecution has established sufficient specific evidence linking the petitioners to the alleged firing and illegal liquor seizure.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 132, 3(5)
Subjects
- bail
- criminal procedure
- illegal liquor
- firearms
- false implication
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- MANJHI District- Saran
======================================================
1. Janardhan Rai @ Janardhan Ray son of Late Ramgovind Rai @ Govinda Rai
Resident of Village- Dahiyawan Uma Nath Mandir Nagar Ps- Nagar Thana,
Dist- Saran
2. Saroj Rai son of Janardhan Rai @ Janardhan Ray Resident of Village-
Dahiyawan Uma Nath Mandir Nagar Ps- Nagar Thana, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned
APP for the State. Perused the case diary.
2. The petitioners seek bail in connection with Manjhi
P.S. Case No. 446 of 2025 instituted for the offences under
Sections 109(1), 132, 3(5) of the Bharatiya Nyaya Sanhita, 2023
and Section 30(a) of the Bihar Prohibition and Excise Act.
3. Prosecution story, in short, is that on secret
information, police chased a boat allegedly carrying illegal
liquor, where the accused allegedly fired at the police and were
apprehended and recovery of country-made pistols and
cartridges was made. It is further alleged that from the boat,
752.600 litres of liquor and other articles were allegedly
Patna High Court CR. MISC. No.12 of 2026(3) dt.20-02-2026
2/3
recovered and seized.
4. Learned counsel for the petitioners submitted that
petitioners have falsely been implicated in the present case.
Learned counsel for the petitioners submitted that general and
omnibus allegation has been made against these petitioners. No
specific overt act is alleged against these petitioners. Learned
counsel further submitted that petitioners were not present on
the spot, rather their name was disclosed by the apprehended co-
accused person. He further contended that the allegation of
firing is against co-accused person. It has been submitted on
behalf of the petitioners that the petitioners are in custody since
04.12.2025 and one criminal antecedent.
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 as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Manjhi P.S. Case No.
446 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.12 of 2026(3) dt.20-02-2026
3/3
(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 bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.