Patna High Court
Rajesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Petitioner Rajesh Rai was arrested in connection with a case alleging possession of 284.985 liters of liquor recovered from a poultry farm, cowshed and a motorcycle, and charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he had no ownership or possession of the liquor or the motorcycle, had no criminal antecedents, and that the prosecution had not complied with Section 103 of the BNSS. The State opposed bail, arguing the seriousness of the offences. The Court considered the clean antecedent, the lack of incriminating material directly linking the petitioner to the liquor, and the period of custody already served. Accordingly, the Court granted bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita.
- Whether the lack of direct possession and the absence of compliance with Section 103 of the BNSS justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 3(5)
Subjects
- bail
- prohibition law
- excise
- Bharatiya Nyaya Sanhita
- Section 103
- possession of liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14244 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- TURKAULIYA District- East Champaran
======================================================
Rajesh Rai S/O Ramdhari Rai Resident of village - Briti Tola,P.S- Turkauliya,
Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Turkauliya PS Case No. 28 of 2026 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act
and Sections 274, 275 & 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that 284.985 liters
liquor was recovered from poultry farm, cowshed and
motorcycle.
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
Patna High Court CR. MISC. No.14244 of 2026(2) dt.26-02-2026
2/2
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner is not the owner of the motorcycle and he has no
concern with the same. So far as recovery made from other
places are concerned, the petitioner has also no concern with the
same. The petitioner is in custody since 17.01.2026 and has got
no criminal antecedent/s. 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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner 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/- (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. 28 of 2026.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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