Patna High Court

RAHISH UDDIN @ RAHISH SUDDIN @ RAHIM UDDINversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to monetary bond and specified conditions.

Summary

The petitioner, Rahish Uddin, a driver, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 384.840 litres of liquor were recovered from a vehicle he was driving. He contended that he had no knowledge of the goods, no incriminating material was found in his possession, and he had no prior criminal record. The prosecution opposed bail, while the petitioner’s counsel argued that the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were not complied with. The Court considered the facts, the period of custody since 15‑01‑2026, and the petitioner’s lack of antecedents. It decided to grant bail on a bond of Rs.15,000 with two sureties, imposing conditions of personal surety, regular appearance, and non‑interference with evidence or witnesses.

Issues considered

Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Whether the petitioner poses a risk of tampering with evidence or fleeing.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarik Suraksha Sanhita
Section 103
driver
possession
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14745 of 2026
                  Arising Out of PS. Case No.-184 Year-2025 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
                 Rahish Uddin @ Rahish Suddin @ Rahim Uddin S/O Ali Hussain R/o vill -
                 Makdampur Chowk, P.S.- Simri Bakhtiyarpur, Distt.- Saharsa
                                                                            ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amit Prakash, Advocate
                 For the Opposite Party/s :      Mr.Rajendra Prasad Nat, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Maheshkhut @ Maheshkhunt P.S. Case No. 184 of 2025,

                   instituted for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 384.840

                   liters liquor was recovered from Magic vehicle.

                                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

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and
Patna High Court CR. MISC. No.14745 of 2026(2) dt.27-02-2026
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          he has no knowledge regarding the goods loaded in the vehicle.

          The petitioner is in custody since 15.01.2026 and has got no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       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 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Maheshkhut @

          Maheshkhunt P.S. Case No. 184 of 2025, subject to the

          following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.14745 of 2026(2) dt.27-02-2026
                                                       3/3




                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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