Patna High Court

Satendra Rai @ Satendra YadavversusThe State of Bihar

Decided: 18 April 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

Satendra Rai was arrested in connection with the seizure of 501.120 litres of illicit foreign liquor, a pistol and live cartridges from a Bolero vehicle, alleged violations of sections 30(a) and 41(a) of the Bihar Prohibition and Excise Act and sections 25(1‑b) a, 26 and 35 of the Arms Act. The petitioner claimed he was neither the owner nor the driver of the vehicle, that the identification was made only by an informant’s torch‑light, and that the seizure list was prepared by police without complying with Section 105 of the BNSS. He also disclosed prior criminal antecedents in five similar cases and had been in custody since 06‑01‑2026. The State opposed bail, citing the seriousness of the offences and his record. The Court, after weighing the facts, granted regular bail on a bond of Rs.10,000 with two sureties, subject to the condition that the petitioner not commit a similar offence in the future.

Issues considered

Whether the petitioner is entitled to regular bail despite the nature of the offences under the Bihar Prohibition and Excise Act and the Arms Act.
Whether the seizure and identification of the petitioner complied with procedural requirements, particularly Section 105 of the BNSS.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Arms Act — s. 25(1‑b) a, 26, 35
BNSS — s. 105

Subjects

bail
regular bail
Bihar Prohibition and Excise Act
Arms Act
seizure procedure
Section 105 BNSS
prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14678 of 2026
                   Arising Out of PS. Case No.-123 Year-2025 Thana- Bhopatpur District- East Champaran
                 ======================================================
                 Satendra Rai @ Satendra Yadav Son of Late Nandkishor Rai @ Nandkishor
                 Ray Resident of Village - Jamunapur, P.S. - Kalyanpur, Dist. - East
                 Champaran.                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Abhishek Kumar, Advocate
                                                   Miss Harsha Shashwat, Advocate
                 For the Opposite Party/s :        Mr.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   18-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 30 (a) 41 (a)

                   of the Bihar Prohibition and Excise Act and Section 25 (1-b) a,

                   26 and 35 of the Arms Act.

                                 3.     The case of the prosecution is that a total of

                   501.120 litres of illicit foreign liquor, along with a country-

                   made pistol and live cartridges, was recovered from a Bolero

                   vehicle.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that, as

                   per the prosecution case itself, the petitioner allegedly fled away

                   from the Bolero and was identified by the informant in the light

                   of a torch. It is further submitted that nothing has been

                   recovered from the possession of the petitioner and that he is not
            Patna High Court CR. MISC. No.14678 of 2026(3) dt.18-04-2026
                                                        2/2




                      concerned with the said Bolero in any manner, as he is neither

                      the owner nor the driver of the vehicle. It is also contended that

                      the witnesses to the seizure list are police personnel and that

                      there has been non-compliance with Section 105 of the BNSS. It

                      is further submitted that the petitioner has criminal antecedents

                      in five cases of a similar nature and is in custody since

                      06.01.2026.

                                   5. Learned APP for the State has opposed the prayer

                      for bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Bhopatpur P.S. Case No. 123 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Exclusive Special Excise Court No. 1, Motihari, East

                      Champaran with the condition that the petitioner shall not

                      indulge himself in similar nature of offence in near future.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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