Patna High Court
Krishna RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Krishna Raut and Rajesh Sah, were arrested after 40 litres of country‑made liquor was recovered from a motorcycle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no incriminating material was found in their possession, and that the recovery was planted. The State opposed bail, while the petitioners argued lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the facts, the period of custody since 9 November 2025, and the petitioners' circumstances, the Court inclined to grant bail. The Court ordered release on bail bonds of Rs.15,000 each with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Bihar
- criminal procedure
- Section 103
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2488 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- TARAIYA District- Saran
======================================================
1. Krishna Raut S/o Mohan Raut R/o Village - Chanchaliya Bintoli, P.S -
Taraiya, District - Saran
2. Rajesh Sah S/o Upendra Sah R/o Village - Chanchaliya Diyar, P.S - Taraiya,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Taraiya
P.S. Case No. 304 of 2025, 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 40 liters
of country made liquor was recovered from motorcycle.
Petitioners were arrest on the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. The petitioner no.2 is said to be owner of the
Patna High Court CR. MISC. No.2488 of 2026(2) dt.19-01-2026
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alleged motorcycle. No incriminating material has been
recovered from the conscious possession of the petitioners. The
petitioners have got no concern with the alleged recovery of
liquor. The alleged recovery has been planted for extraneous
consideration. The petitioners are in custody since 09.11.2025.
Petitioner No.1 has one criminal antecedent, whereas petitioner
No.2 has no criminal antecedent. 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and 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 Taraiya P.S. Case
No. 304 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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