Patna High Court
Gonu Rai @ Gonu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Gonu Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 23,600 litres of liquor recovered from a jute sack. He claimed innocence, stating that no incriminating material was found in his conscious possession and that the liquor was recovered from an open public place, with his name implicated only through local disclosures. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s eight prior criminal antecedents. The court considered the facts, the period of custody since 27‑11‑2025, and the statutory provisions, and decided to grant bail. Bail was ordered on furnishing a bond of Rs.15,000 with two sureties, subject to conditions regarding family surety, appearance in court, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes bail.
- Whether the petitioner’s prior criminal antecedents and period of custody justify denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16308 of 2026
Arising Out of PS. Case No.-463 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Gonu Rai @ Gonu Ray S/O Mantun Ria @ Mantu Rai @ Mantu Ray R/O
Mohalla- Diwan Mohalla, Sidhighat, P.S.- Khajekalan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mrs. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Khajekalan P.S. Case No. 463 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 23.600 liters
liquor was recovered from jute sack.
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
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.16308 of 2026(2) dt.13-03-2026
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for the petitioner also submits that the alleged recovery has been
made from an open place and the same is easily accessible to the
public at large. It is further submitted that name of the petitioner
has transpired in this case on the basis of disclosure made by
local people. The petitioner is in custody since 27.11.2025 and
has got eight criminal antecedents. 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 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 Khajekalan P.S. Case No. 463 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
Patna High Court CR. MISC. No.16308 of 2026(2) dt.13-03-2026
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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)
Rajorshi/-
U T
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