Patna High Court
Satendra Rai @ Satendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a cash bond and prescribed conditions.
Summary
The petitioner, Satendra Rai, was arrested in connection with the recovery of 1005 litres of spirit and charged under Sections 30(a), 33 and 41(1) of the Bihar Prohibition and Excise Act. He applied for regular bail after an earlier anticipatory bail application was withdrawn. The petitioner claimed innocence, stating that no incriminating material was found in his possession and that his name was based solely on a chowkidar's disclosure. The State opposed bail, highlighting the petitioner’s six prior criminal antecedents and alleged non‑compliance with Section 103 of the B.N.S.S., 2023. Considering the facts, the period of custody, and the fact that co‑accused had been granted bail, the Court inclined to grant bail subject to a bond of Rs.15,000 and specific conditions. The bail was ordered to be released after framing of charge, with conditions to ensure appearance, non‑tampering of evidence, and non‑commission of similar offences.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bihar Prohibition and Excise Act
- Whether the petitioner’s prior criminal antecedents and alleged non‑compliance with Section 103 of B.N.S.S., 2023 preclude the grant of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 33, 41(1)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- anticipatory bail
- prohibition law
- excise
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 103 B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15589 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- Bhopatpur District- East Champaran
======================================================
Satendra Rai @ Satendra Yadav S/o Nand Kishor Rai @ Late Nandkishor Rai
@ Nandkishor R/o Village - Jamunapur, P.S - Kalyanpur, District - 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.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Bhopatpur P.S. case No.
61 of 2025 instituted for the offences under Sections 30(a), 33
and 41(1) of the Bihar Prohibition and Excise Act. Earlier, the
anticipatory bail application of the petitioner has been dismissed
as withdrawn by order dated 17.01.2026 passed in Cr. Misc. No.
78834 of 2025 by a co-ordinate Bench of this Court.
3. The prosecution case, in short, is that 1005 liters
spirit was recovered from drum near a field.
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
Patna High Court CR. MISC. No.15589 of 2026(2) dt.11-03-2026
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from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that the name of the petitioner has transpired
on the basis of disclosure made by local chowkidar. Recovery
has been made from an open place accessible to public at large.
The petitioner is in custody since 18.12.2025 and has got six
criminal antecedents in which he is on bail as disclosed in
paragraph No. 3 of the application. There is no compliance of
Section 103 of B.N.S.S., 2023. Co-accused has been granted
regular bail by this Bench vide order dated 19.01.2026 passed
in Cr. Misc. No. 2974 of 2026 whereas another co-accused has
been granted anticipatory bail by a Co-ordinate Bench of this
Court by order dated 01.11.2025 passed in Cr. Misc. No. 73312
of 2025.
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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
Patna High Court CR. MISC. No.15589 of 2026(2) dt.11-03-2026
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amount each to the satisfaction of Court below/concerned Court
in connection with Bhopatpur P.S. case No. 61 of 2025, subject
to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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