Patna High Court
Randhir Patel @ Randhir RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, owing to the petitioner’s clean antecedent and the procedural deficiencies, bail should be granted.
Summary
Randhir Patel was arrested on 18 February 2026 in connection with Excise Case No. 331 of 2026 for alleged offences under Sections 30(a), 32(3) and 33 of the Bihar Prohibition and Excise Act, after police seized 800 litres of spirit from a tempo and 2,926 litres from a riverbank. The petitioner claimed he had no ownership of the tempo, no conscious possession of the seized spirit, and a clean criminal record, arguing that the prosecution failed to comply with mandatory provisions of Sections 103 and 105 of the Bihar Narcotic and Substance Safety (BNSS) Act, 2023. The State opposed bail. The High Court, noting the petitioner’s clean antecedent and the procedural lapses, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants the grant of bail.
- Whether the lack of ownership of the tempo and absence of possession of the seized spirit affect the bail decision.
Subjects
- bail
- excise offences
- Bihar Prohibition and Excise Act
- BNSS 2023
- procedural lapse
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22388 of 2026
Arising Out of PS. Case No.-331 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Randhir Patel @ Randhir Ray S/O Fulbabu Ray R/O Village- Kafen, Ward
No. 04, P.S- Garha, Distt.- Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar
: Mr. Kumar Gaurav
: Mr. Shubham Samrat
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.02.2026 in connection with Excise P.S. Case No. 331 of 2026
for the offences punishable under Sections 30(a), 32(3) and 33
of Bihar Prohibition and Excise Act.
3. The prosecution case, in brief, is that on 16-02-
2026 informant who happened to be Excise Inspector has got a
secret information that the F.I.R. named accused person stored
huge quantity of spirit in the bushes and Banswari situated at
village- Kafen Latif inside the river and they tried to distribute it
through small vehicle. For verification when the police team
reached on the Garha to Hathauri road and saw that a tempo
Patna High Court CR. MISC. No.22388 of 2026(2) dt.06-04-2026
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bearing Reg. No. BR06GF-8713 which was chased and
intercepted by the police. Apprehended person disclosed his
name as petitioner. On search total 800 liter spirit is recovered.
The apprehended person also disclosed the said spirit was
loaded by Rakesh Kumar, Ranjan Kumar, Rabin Sahni, Dinesh
Sahni and Sanjay Sahni. Thereafter on the instigation of
apprehended petitioner police reached bank of river situated at
the village- Kafen Latif. Thereafter on search total 2926 liters
spirit has been recovered from Banswari.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and has falsely been implicated
in the present case. Learned counsel for the petitioner submits
that it appears from the FIR and seizure list that nothing has
been recovered from the conscious possession of the petitioner
and recovery has been made from the tempo in question. It is
next submitted that the petitioner is not the owner of the tempo
in question and it appears from the seizure list that there is non-
compliance of mandatory provisions of Sections 103 and 105 of
BNSS, 2023 and petitioner is in custody since 18.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
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6. Considering the aforesaid facts and circumstances
and that petitioner is a person with clean antecedent and that
there is non-compliance of mandatory provisions of Sections
103 and 105 of BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise-II,
Muzaffarpur in connection with Excise P.S. Case No. 331 of
2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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