Patna High Court

Nandlal Rai @ Nandlal Ray @ Nandlal Ray YadavversusThe State of Bihar

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

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Nandlal Rai, was arrested in Turkauliya police station case No. 28 of 2026 for alleged offences under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 284.985 litres of liquor from a poultry farm, a bathan and a motorcycle. The petitioner contended that he had no possession of the liquor, was not the owner of the motorcycle or the poultry farm, and that the liquor recovered from the open bathan was accessible to the public; he also highlighted his clean record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offences. After considering the facts, the period of custody since 17 January 2026, and the lack of incriminating material directly linked to the petitioner, the Court inclined to grant bail. The Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under the provisions of the Bharatiya Nyaya Sanhita, 2023 and 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’s lack of direct possession of the liquor and clean antecedents justify bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)

Subjects

bail
liquor offences
prohibition law
criminal procedure
Bharatiya Nyaya Sanhita
Bihar Prohibition and Excise Act
Section 103
custody
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14872 of 2026
                 Arising Out of PS. Case No.-28 Year-2026 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Nandlal Rai @ Nandlal Ray @ Nandlal Ray Yadav Son of Late Kamat Rai
                 Resident of Village - Jaisinghpur Chilraw(Chilharaw), 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
                 For the Opposite Party/s :      Mr.Sucheta Yadav, 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

                   Turkauliya P.S. Case No. 28 of 2026, instituted for the offences

                   punishable under Sections 274,275 and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 284.985

                   liters liquor was recovered from poultry form, bathan and

                   motorcycle. Petitioner was arrested on the spot.

                                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
           Patna High Court CR. MISC. No.14872 of 2026(2) dt.27-02-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. It is alleged that

                     34.425 litres of liquor has been recovered from the Bathan of

                     the petitioner, which is an open place and accessable for public

                     at large. The petitioner is not the owner of motorcycle and

                     poultry form. The petitioner is in custody since 17.01.2026 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 Turkauliya P.S. Case

                     No. 28 of 2026.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…