Patna High Court

Arjun Rai @ Arjun KumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted bail to the petitioner subject to a bond, sureties and surrender within four weeks, under Section 482(2) of the BNSS.

Summary

Arjun Rai applied for bail after being implicated in a case involving alleged offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bihar Prohibition and Excise Act and the Arms Act. The FIR and seizure list show 752.6 litres of foreign liquor recovered from a boat, not from the petitioner’s possession. The petitioner argued that his name was disclosed only by a co‑accused, which lacks evidentiary value, and that he has no prior criminal record. The State opposed bail. The Court, considering the lack of direct possession and the petitioner’s clean antecedents, granted bail on the condition of a Rs 10,000 bond with two sureties and surrender within four weeks, subject to Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to bail despite the seizure of foreign liquor and alleged offences under BNSS, the Bihar Prohibition and Excise Act and the Arms Act.
Whether the testimony of a co‑accused naming the petitioner provides sufficient basis to deny bail.
Whether Section 482(2) of the BNSS applies to the bail conditions.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 27
Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 132, 3(5), 482(2)

Subjects

bail
foreign liquor seizure
Bihar Prohibition and Excise Act
Arms Act
BNSS
co‑accused testimony
criminal procedure

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19476 of 2026
                         Arising Out of PS. Case No.-446 Year-2025 Thana- MANJHI District- Saran
                 ======================================================
                 Arjun Rai @ Arjun Kumar Sri Mantu Rai R/o Mohalla Sahebganj - Garha,
                 P.S. - Chapra Town - Distrcit - Saran at Chapra.
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mani Shankar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-04-2026             Heard learned counsel for the petitioner and learned A.P.P.

                   for the State.

                   2.      The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Section 132, 109(1) and 3(5)

                   of the B.N.S., Section 30 (a) of the Bihar Prohibition and

                   Excise Act and Section 25 (1-b)a, 26 and 27 of the Arms Act.

                   3.        A bare perusal of the first information report and the

                   seizure list would go to show that 752.600 liters of foreign

                   liquor has been recovered from a boat.

                   4.       It is submitted by learned counsel for the petitioner that

                   no recovery has been made from the conscious physical

                   possession of the petitioner rather the same has been recovered

                   from a boat, which does not belong to the petitioner, hence the

                   liability cannot be fastened on the petitioner. The name of the

                   petitioner has transpired in this case on the basis of disclosure
            Patna High Court CR. MISC. No.19476 of 2026(2) dt.06-04-2026
                                                        2/2




                      made by an apprehended co-accused, which has no evidentiary

                      value in the eye of law. Petitioner has no criminal antecedent

                      as stated in para-3 of this application.

                      5.      Learned APP for the State opposed the prayer for bail.

                      6.       Having regard to the facts and circumstances of the case,

                      let the above named petitioner, be released on bail, in the event

                      of his arrest or surrender before the learned Court below within

                      a period of four weeks from today, on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Court below

                      where the case is pending/successor Court in connection with

                      Manjhi P.S. Case No.446 of 2025, subject to the condition as

                      laid down under Section 482 (2) Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.


                                                (Soni Shrivastava, J)

Trivedi/-
U       T

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