Patna High Court
Shashi RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
Shashi Rai was arrested in connection with the seizure of 580.32 litres of Indian Made Foreign Liquor under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He applied for regular bail, asserting his innocence, lack of any criminal antecedent and that he had been in custody since 8 February 2026 without fault. The State opposed the bail. The Patna High Court, after considering the facts and the petitioner's submissions, allowed the bail application, directing that he furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with a charitable organization, and attend the Nadi Police Station every Sunday. The court also ordered verification of his clean antecedent before accepting the bail bond and stipulated cancellation of bail for non‑appearance. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether the conditions imposed by the court for granting bail are lawful and appropriate.
Subjects
- bail
- regular bail
- prohibition law
- excise
- section 30(a)
- charitable donation condition
- clean antecedent
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23638 of 2026
Arising Out of PS. Case No.-67 Year-2019 Thana- NADI P.S. District- Patna
======================================================
Shashi Rai Son of Vishwanath Rai R/o Village - Jethuli, P.S. - Nadi and Distt.
- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr.Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Nadi P.S. Case No. 67 of 2019 registered for the offence under
section 30(a) of the Bihar Prohibition & Excise (Amendment)
Act, 2022.
3. The recovery is of 580.32 litres of IMFL from a
house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 08.02.2026
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.23638 of 2026(2) dt.15-04-2026
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organization without accepting his guilt
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Special Judge Excise, Patna City/
concerned Court below, in connection with Nadi P.S. Case No.
67 of 2019.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, Nala Road, Patna and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
Patna High Court CR. MISC. No.23638 of 2026(2) dt.15-04-2026
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genuineness of the receipt produced by the petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at Nadi
Police Station, District- Patna on every Sunday of the month.
Any default in appearance at the Police Station will result in
cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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