Patna High Court

Dilip Rai @ Dilip RayversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to monetary and procedural conditions.

Summary

The petitioner, Dilip Rai, was arrested in connection with a case alleging the recovery of 160 litres of liquor from a motorcycle, scooty and a bathaan, violating Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that the seized vehicles did not belong to him. Despite six prior criminal antecedents and custody since 31‑01‑2026, the petitioner argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence against the petitioner and the period already spent in custody, the Court granted bail subject to a cash bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision
Impact of the petitioner’s prior criminal antecedents on the grant of bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
false implication
criminal antecedents
Section 103
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16152 of 2026
                      Arising Out of PS. Case No.-506 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Dilip Rai @ Dilip Ray S/o- Late Lal Babu Rai R/o vill- Sararia, P.S.- Lalganj,
                 Distt.- Vaishali



                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., 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 connection with Lalganj

                   P.S. Case No. 506 of 2025 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 160 litres

                   of liquor was recovered from motorcycle, scooty and bathaan.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.16152 of 2026(2) dt.11-03-2026
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          possession of the petitioner. Learned counsel further submitted

          that petitioner is in no manner connected with the alleged

          recovery of liquor. Learned counsel further submitted that the

          recovered scooty and motorcycle does not belong to the

          petitioner. The petitioner is in custody since 31.01.2026 and has

          six criminal antecedents. There is no compliance of Section 103

          of the Bharatiya Nagarika 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 as also 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/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each     to    the       satisfaction   of   Court

          below/concerned Court in connection with Lalganj P.S. Case

          No. 506 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. In case of default in such appearance on two
           Patna High Court CR. MISC. No.16152 of 2026(2) dt.11-03-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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