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Patna High Court

Niranjan Rai @ Niranjan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

The petitioner, Niranjan Rai, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act after 100 litres of illicit liquor were recovered from plastic bags at an open location. A local watchman alleged that the petitioner fled the scene, but the petitioner claimed he was not present and had no conscious possession of the liquor. The State opposed bail, while the petitioner’s counsel argued innocence and lack of material evidence against him, noting only a prior criminal antecedent for which he was on bail. The court considered the facts, the minimal evidentiary basis, and the petitioner’s willingness to cooperate, and decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances.
  • Whether the evidence presented by the prosecution is sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.15959 of 2026
                          Arising Out of PS. Case No.-921 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Niranjan Rai @ Niranjan Kumar Son of Akhilesh Rai @ Akhilesh Ray, R/v-
                 Hulasi Tola, PS- Maner, Dist- Patna

                                                                                    ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjay Kumar Mishra, Advocate
                 For the Opposite Party/s :         Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   11-05-2026                            Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. The petitioner apprehends arrest in a case

                   registered under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                     3. As per prosecution case, 100 litres illicit liquor

                   was recovered from five plastic carry bags which were allegedly

                   thrown by the accused persons. Local chaukidar disclosed that

                   petitioner and others were fled away from the spot.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Further submission is that

                   petitioner was not present on the spot and he has no concern

                   with the seized liquor. Nothing has been recovered from the
              Patna High Court CR. MISC. No.15959 of 2026(3) dt.11-05-2026
                                                          2/2




                        conscious possession of the petitioner. The recovery of illicit

                        liquor has been made from an open place easily accessible to

                        one and all. Except the disclosure statement of local chaukidar,

                        there is nothing material against the petitioner. Petitioner has

                        got one criminal antecedent in which he is on bail. Petitioner

                        undertakes to cooperate in the investigation and trial.

                                     5. Learned A.P.P. for the State opposed the prayer for

                        bail.

                                     6. Considering the aforesaid facts and circumstances

                        of the case and submissions of learned counsel for the parties,

                        let the above named petitioner be released on bail, in the event

                        of arrest or surrender before the Court concerned within a period

                        of six weeks from today, on furnishing bail bond of Rs. 10,000

                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of learned Special Judge, Excise Court,

                        Danapur, Patna, in connection with Maner P.S. Case No. 921 of

                        2025, subject to the conditions as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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