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Patna High Court

Vakil Ray @ Vakil Kumar @ Vakil RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Vakil Ray, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 152.72 litres of liquor were recovered from an open dalan. He contended that he had no possession of the liquor, that the recovery was from a public place, and that no incriminating material linked him to the offence, despite having eleven prior criminal antecedents and being in custody since 26-11-2025. The State opposed bail, citing the seriousness of the offence and the petitioner’s record. The Court noted the lack of direct evidence, the open nature of the recovery site, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before deciding to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions regarding family surety, regular court appearances, and cancellation if the petitioner commits a similar offence.

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 circumstances of the recovery, custody period, and prior criminal antecedents.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal antecedents
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 103
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2353 of 2026
                         Arising Out of PS. Case No.-868 Year-2023 Thana- MANER District- Patna
                 ======================================================
                 Vakil Ray @ Vakil Kumar @ Vakil Rai Son of Jay Kisun Rai @ Jay Kishun
                 Ray @ Jai Kishun Rai Resident of Village - Brahamchari Hira Tola, Sherpur,
                 P.S. - Maner, District – Patna.

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Birendra Kumar, Advocate
                 For the Opposite Party/s :        Ms.Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 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 Maner

                   P.S. Case No. 868 of 2023, 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 152.72

                   liters liquor was recovered from Dalan.

                                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.2353 of 2026(2) dt.19-01-2026
                                            2/3




          for the petitioner further submitted that the recovery has been

          made from the Dalan, which is an open place and is accessible

          to public at large. The petitioner is in custody since 26.11.2025

          and has got eleven criminal antecedents. 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, after framing

          of charge, if not already framed, 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 Maner P.S. Case No. 868 of 2023,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

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

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.2353 of 2026(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioner.

                                  (III) If the petitioner is found involved in similar

                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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