Patna High Court
Santu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted as no incriminating material was found in the petitioner's possession and the non‑compliance with Section 103 of the BNSS, 2023, is not fatal to the bail application.
Summary
The petitioner, Santu Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 294 litres of liquor were recovered from jute sacks. He claimed innocence, stating that no incriminating material was found in his possession and that the recovery was from an open area accessible to all. The petitioner had been in custody since 14 February 2026 and possessed a prior criminal antecedent, and the prosecution noted non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court, considering the lack of direct evidence against the petitioner and the period of custody, decided to grant bail. The court ordered 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 accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
- Whether non‑compliance with Section 103 of the BNSS, 2023, precludes the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
- Section 103
- criminal antecedent
- custody
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14824 of 2026
Arising Out of PS. Case No.-102 Year-2026 Thana- KHAJEKALA District- Patna
======================================================
Santu Rai Son of Nasibi Rai @ Nasib Ray R/o Nauzar Ghat, P.S. - Khajekala,
Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
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
Khajekalan PS Case No. 102 of 2026 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 294 liters
liquor was recovered from seven jute sacks.
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. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.14824 of 2026(2) dt.27-02-2026
2/2
and all. The petitioner is in custody since 14.02.2026 and has
got one 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 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 Khajekalan PS Case
No. 102 of 2026.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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