Patna High Court
Mintu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, finding no conscious possession, clean antecedent, and procedural non‑compliance by the prosecution.
Summary
Petitioners Mintu Rai and Niranjan Kumar Singh were arrested on 12 February 2026 in connection with a case involving the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, after 60 litres of country‑made liquor were seized from a vehicle that they did not own. They contended that they had no conscious possession of the liquor, possessed a clean criminal record, and that the investigating authorities had failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed the bail application. The High Court, noting the lack of direct possession, the petitioners’ clean antecedents and the procedural lapses, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of any concealed criminal antecedent but prohibited delay in accepting the bail bonds. The bail was thus granted and the petition disposed in favour of the petitioners.
Issues considered
- Whether the petitioners are entitled to bail despite the seizure of liquor from a vehicle not owned by them.
- Whether the failure to comply with Sections 103/105 of the BNSS, 2023, warrants bail.
- Whether the petitioners' clean antecedent and lack of conscious possession justify bail under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- possession
- clean antecedent
- BNSS 2023
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16118 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- DARIYAPUR District- Saran
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1. Mintu Rai son of Baban Rai Resident Of Village- Dighra Police Station-
Parsa District -Saran
2. Niranjan Kumar singh @ Niranyan Kumar son of Late Ramayodhya Singh
Resident Of Village- Parsadi, Police Station- Parsa District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mili Kumari, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Ms. Mili Kumari, learned counsel for the
petitioners and Ms. Shaheen Begum, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
12.02.2026 in connection with Dariyapur P.S. Case No. 126 of
2026, F.I.R. dated 11.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 60 liters of country made liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the F.I.R as well
as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.16118 of 2026(2) dt.12-03-2026
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conscious possession of the petitioners rather the recovery of
total 60 liters of country made liquor has been made from the
car in question and petitioners are not the owner of the said
vehicle in question. She further submits that there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioners are in custody since 12.02.2026.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, nothing has been
recovered from the conscious possession of the petitioners and
there is non-compliance of Section 103/105 of the BNSS, 2023,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge, Excise-I, Saran Chapra in
connection with Dariyapur P.S. Case No. 126 of 2026, subject to
the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
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reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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