Patna High Court
Satendra Rai @ Satendray RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 103, 105
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
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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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