Patna High Court
Rahul DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
Petitioner Rahul Das was arrested in connection with a case involving the alleged recovery of 153 litres of liquor from a pickup vehicle, charged under Sections 303(2), 238, 171 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail, citing the seriousness of the offences and his prior criminal antecedent. The Court considered the lack of direct evidence against him, the period of custody since 5 November 2025, and the procedural lapse, and decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences and his prior criminal antecedent
- Whether the absence of incriminating material in the petitioner's possession warrants bail
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 affects the bail application
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 171, 238, 303(2)
Subjects
- bail
- criminal procedure
- liquor offences
- false implication
- prior criminal antecedent
- surety
- Section 103
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.253 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- GURARU District- Gaya
======================================================
Rahul Das S/o Munna Das @ Muna Das R/o Village- Chotki Saw, Sawkala,
Bangla Par, P.S- Amas, Dist- Gaya Ji (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
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 Guraru
P.S. Case No. 257 of 2025 instituted for the offences punishable
under Sections 303(2), 238, 171 of the Bharatiya Nyaya Sanhita,
2023 and 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 153 litres
of liquor was recovered from pickup vehicle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.253 of 2026(2) dt.19-01-2026
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question or the alleged recovery of liquor. The petitioner is in
custody since 05.11.2025 and has one 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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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 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 Guraru P.S. Case
No. 257 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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