Patna High Court
Bholu RajbharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners.
Summary
The petitioners, Bholu Rajbhar and Upendra Rajbhar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 107.8 litres of liquor were recovered from gunny bags. They contended that they were falsely implicated, no liquor was found in their possession, and the recovery was from a public open area, asserting no criminal antecedent and lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. After considering the facts, the court noted the prolonged custody since 16‑10‑2025 and the absence of incriminating material directly linking the petitioners to the offence. Consequently, the court granted bail, directing the petitioners to furnish a bail bond of Rs.15,000 each with two sureties. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the bail application.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal procedure
- Section 30
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2347 of 2026
Arising Out of PS. Case No.-24 Year-2024 Thana- SRIPUR District- Gopalganj
======================================================
1. Bholu Rajbhar S/o Jawahir Rajbhar R/o Village - Bhagwanpur, P.S - Bhore,
District - Gopalganj
2. Upendra Rajbhar S/o Late Sudama Rajbhar @ Late Sudama Rai R/o Village
- Bhagwanpur, P.S - Bhore, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Shukla, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Sirpur
P.S. Case No. 24 of 2024 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 107.800
litres of liquor has been recovered from five gunny bags.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.2347 of 2026(2) dt.20-01-2026
2/2
petitioners have got no concern with the alleged recovery of
liquor. The petitioner are in custody since 16.10.2025 and have
no criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sirpur P.S. Case No.
24 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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