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Patna High Court

Satendra Rai @ Satendray RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioners subject to a bond of Rs 10,000 each and the conditions imposed by the Court.

Summary

Satendra Rai and Saral Rai were arrested in March 2026 in connection with a case involving the alleged possession of 430 litres of country‑made liquor, alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended that the liquor was seized from a bush, not from their conscious possession, and that the police failed to comply with procedural requirements under Sections 103 and 105 of the Bihar Narcotic Substances Act, rendering the charges baseless. The prosecution opposed bail, highlighting the petitioners’ prior criminal records. The Court examined the facts, the lack of direct possession, and the procedural lapses, and concluded that bail could be granted despite the antecedents, subject to a bond and strict conditions. Accordingly, the petitioners were released on bail with a Rs 10,000 bond each, two sureties, and conditions regarding cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure of liquor complied with the procedural safeguards under Sections 103 and 105 of the Bihar Narcotic Substances Act.
  • Whether the petitioners’ prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure
  • procedural compliance
  • criminal antecedent
  • Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25473 of 2026
                       Arising Out of PS. Case No.-198 Year-2026 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Satendra Rai @ Satendray Ray S/o Rambadan Ray R/O Village- Baburbani,
                  P.S- Sonepur, Dist- Saran
           2.    Saral Rai @ Ranjeet Kumar Rai S/o Rambadan Ray R/O Village- Baburbani,
                 P.S- Sonepur, Dist- Saran


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Md. Shakir Ahmad, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-04-2026                      Heard Mr. Sanjeet Kumar Singh, learned counsel

                   for the petitioners and Mr. Md. Shakir Ahmad, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seek bail who are in custody since

                   17.03.2025 in connection with Sonepur P.S. Case No. 198/2026,

                   F.I.R. dated 27.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. Recovery is of 430 liters of country made liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners are innocent and they have falsely been implicated in

                   the present case. He further submits that it appears from the
Patna High Court CR. MISC. No.25473 of 2026(2) dt.16-04-2026
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          F.I.R. as well as seizure list that nothing has been recovered

          from the conscious possession of the petitioners rather the

          recovery has been made from bush and the petitioners have been

          made accused merely on the basis suspicion. The seizure list

          witnesses are police personnel and there is non-compliance of

          Sections 103 and 105 of the BNSS. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioners. The petitioners are in custody since 17.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners and

          submits that petitioner no. 1 has seven criminal antecedents

          whereas the petitioner no. 2 has three criminal antecedent but

          fairly submits on the basis of paragraph-3 of the bail application

          that the petitioners are on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned court of 2nd Exclusive Special Excise Judge, Saran at

          Chapra in connection with Sonepur P.S. Case No. 198/2026,

          subject to the following conditions:-

                        i. Petitioners shall co-operate in the trial and shall be
             Patna High Court CR. MISC. No.25473 of 2026(2) dt.16-04-2026
                                                         3/3




                        properly represented on each and every date fixed by the court

                        and shall remain physically present as directed by the court and

                        on his absence on two consecutive dates without sufficient

                        reason, his bail bonds shall be cancelled by the Court below.

                                     ii. If the petitioners tampers with the evidence or the

                        witnesses, in that case, the prosecution will be at liberty to

                        move for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioners and in case at

                       any stage it is found that the petitioners have concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioners. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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