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Patna High Court

Naresh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

Naresh Rai was arrested at Sadar Excise Thana, Saran after 41.76 litres of liquor were recovered from a tampoo, and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He pleaded that he was merely a passenger, had no knowledge of the contraband, and that no incriminating material was found in his possession; he also pointed to his clean record and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed his bail application. The Court considered the facts, the period of custody since 12‑01‑2026, and the lack of direct evidence linking him to the liquor, and found no justification to deny bail. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties, subject to conditions of personal surety, regular appearance, and non‑interference with evidence or witnesses. The trial court was directed to cancel the bail if any condition is breached.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged possession of liquor under the Bihar Prohibition and Excise Act
  • Whether the absence of incriminating material in the petitioner’s possession and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justify granting bail
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses

Legislation cited

Subjects

  • bail
  • excise
  • liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • passenger
  • Section 103 Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16351 of 2026
                         Arising Out of PS. Case No.-8 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Naresh Rai S/o Ramji Rai Resident of Village- Ardhpur Ward No. 1 @
                 Ardhpur @ Chak Nizamat, P.S.- Karpurigram, District- Samastipur

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms.Chetna, Advocate
                 For the Opposite Party/s :         Ms.Renu Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioner and Ms. Renu

                   Kumari, learned APP for the State.

                                2. The petitioner seeks bail in connection with Sadar

                   Excise @ Excise Thana Sadar (Saran) P.S. Case No. 8 of 2026,

                   instituted for the offences punishable under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 41.76 liters

                   liquor was recovered from Tampoo. Petitioner was arrested on

                   the spot.

                                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. The petitioner is
Patna High Court CR. MISC. No.16351 of 2026(2) dt.13-03-2026
                                            2/3




          not the owner of the alleged Tampoo. In fact, the petitioner is

          passenger of the said vehicle and he has no knowledge about

          goods loaded on the vehicle. The petitioner is in custody since

          12.01.2026 and has got no criminal antecedent. 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 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 Sadar Excise @

          Excise Thana Sadar (Saran) P.S. Case No. 8 of 2026, subject to

          the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.
           Patna High Court CR. MISC. No.16351 of 2026(2) dt.13-03-2026
                                                       3/3




                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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