Patna High Court

Shailesh Rai @ Shailesh YadavversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that anticipatory bail should be granted to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Shailesh Rai, sought anticipatory bail fearing arrest in an excise case (PS Case No. 101 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 90 litres of liquor recovered from a straw house. He contended that he was falsely implicated, had no criminal antecedent, and that the recovery was from a public open place, with no personal involvement. The State opposed the bail, arguing the prosecution’s case. The court examined the lack of a prima facie case and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and consequently granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, imposing conditions under Section 482(2) of the same Act.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the excise case.
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
Whether conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, are applicable.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
excise law
liquor possession
Section 30(a)
Section 103
Section 482(2)
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14037 of 2026
                     Arising Out of PS. Case No.-101 Year-2025 Thana- Excise Mashrakh District- Saran
                 ======================================================
                 Shailesh Rai @ Shailesh Yadav S/o- Gyanchand Rai @ Gyanchandra Rai R/o
                 Village- Gaura Bawan P.S- Gaura, District- Saran
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashad, Advocate
                 For the Opposite Party/s :        Ms.Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Excise Mashrakh P.S. Case No. 101 of 2025, instituted for

                   the offences under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that total 90 litres

                   of liquor was recovered from straw house.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case as owner of

                   the straw house. The alleged recovery has been made from open

                   place, which is accessible to public at large. The petitioner has

                   got no concern with the alleged recovery of liquor. The
           Patna High Court CR. MISC. No.14037 of 2026(2) dt.25-02-2026
                                                       2/2




                     petitioner has no criminal antecedent. There is no compliance of

                     Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     Learned counsel for the petitioner, therefore, contends that

                     prima-facie no case is made out against the petitioner.

                             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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory 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 Excise Mashrakh

                     P.S. Case No. 101 of 2025, subject to the conditions as laid

                     down under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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