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Patna High Court

Suresh Rajbanshi @ Sugesh RajbanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Suresh Rajbanshi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 40 litres of country‑made liquor were recovered from his joint house. He contended that he had no direct possession of the liquor, that the recovery was from a house shared with other family members, and that no incriminating material linked to him was found. The petitioner also highlighted his single prior criminal antecedent and the State’s failure to comply with Section 103 of the BNSS, 2023. The State opposed bail, but the Court, considering the lack of direct evidence, the custody period since 25‑11‑2025, and the procedural lapse, decided to grant bail. The Court ordered the petitioner to be released on a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of recovery from a joint house and the accused’s prior antecedent.
  • Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illegal liquor
  • Section 30(a)
  • Section 103
  • criminal antecedent
  • joint house
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1715 of 2026
                       Arising Out of PS. Case No.-424 Year-2025 Thana- SIRDALA District- Nawada
                 ======================================================
                 Suresh Rajbanshi @ Sugesh Rajbanshi S/o- Late Lalo Rajbanshi @ Lalo Ram
                 R/v- Kushahan Ps- Sirdalla Dist- Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Nandan Prasad, Adv.
                 For the Opposite Party/s :       Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Sirdalla PS

                   Case No. 424 of 2025 instituted for the offences under Section

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

                           3. The prosecution case, in short, is that 40 liters of

                   country made liquor was recovered from the house of the

                   petitioner.

                           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.1715 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner submits that the recovery has been made from

                     the joint house of the petitioner where other family members

                     also reside. The petitioner is in custody since 25.11.2025 and

                     has got one criminal antecedent. There is no compliance of

                     Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sirdalla PS Case

                     No. 424 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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