Patna High Court
Arjun RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the bail application, directing the petitioner’s release on regular bail with bond and sureties.
Summary
Arjun Rai was arrested in connection with offences under Section 414 of the Indian Penal Code and Section 30(a) of the Excise Act, relating to alleged possession of liquor seized from two motorcycles. The petitioner argued that he was not arrested at the scene, had no conscious possession of the seized items, was not the owner of the motorcycles, and was implicated solely on secret information, despite having three prior cases, two under the Excise Act. He assured the court that he would not abscond and would cooperate with the trial. The State opposed bail. Considering these submissions, the court ordered his release on regular bail upon furnishing a bond of Rs 5,000 with two sureties of the same amount, and the bail application was allowed.
Issues considered
- Whether bail should be granted to the accused in offences punishable under Section 414 IPC and Section 30(a) Excise Act given the nature of the allegations and his prior criminal record.
Legislation cited
- Excise Act — s. 30(a)
- Indian Penal Code — s. 414
Subjects
- bail
- Indian Penal Code
- Excise Act
- Section 414
- Section 30(a)
- possession of liquor
- criminal procedure
- Vaishali district
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16318 of 2026
Arising Out of PS. Case No.-93 Year-2024 Thana- GANGABRIDGE District- Vaishali
======================================================
Arjun Rai S/o Ramkripal Rai @ Ramkripal Ray @ Kripal Rai Resident Of
Village- Diwantonk @ Diwan Tok, Ps- Gangabridge, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 414 of the I.P.C. and Section
30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases out of which two
cases are under the Excise Act and allegation is of recovery of
15 litres of liquor from possession of Ajay Rai and 200 litres of
liquor from two different motorcycles.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
any of the seized motorcycle and has no relation with Ajay and
Patna High Court CR. MISC. No.16318 of 2026(2) dt.17-04-2026
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is in custody since 28.01.2026 and he came to be implicated
based on secret information, which is the easiest way to
implicate someone without holding a proper investigation. It is
also submitted that petitioner will not abscond rather will
cooperate in the trial to prove his innocence.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Gangabridge P. S. Case No.93 of 2024.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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