Patna High Court
Dipak Rai @ Depak Rai @ Deepak RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding that procedural lapses and the petitioner’s clean record warranted release on bail.
Summary
The petitioner, Dipak Rai, sought regular bail in a criminal case (PS Case No. 163 of 2026) alleging offences under several sections of the B.N.S. and the Bihar Prohibition and Excise Amendment Act. The prosecution alleged that Rai purchased illicit spirit from Pankaj Singh, sold it to Arbind Rai, and that seven litres of spirit were recovered from his joint house. Rai contended he was innocent, that the seized liquor was not in his possession, and that the police failed to comply with Section 105 of the B.N.S. during the seizure; he also highlighted his clean record and his detention since 15 March 2026. The State opposed the bail application, arguing the seriousness of the offences. After hearing both sides, the court found merit in the petitioner's arguments and ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Special Excise Judge.
Issues considered
- What is the applicability of regular bail in a case involving alleged illegal liquor offences under the B.N.S. and the Bihar Prohibition and Excise Amendment Act?
- Whether the police complied with procedural requirements, particularly Section 105 of the B.N.S., during the seizure of the alleged contraband.
- Whether the petitioner’s lack of prior criminal record and the circumstances of the seizure justify granting bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 33, 34, 37
- B.N.S. — s. 105, 110, 123, 238, 274, 275, 61(2)
Subjects
- regular bail
- illegal liquor
- seizure procedure
- Section 105 B.N.S.
- Bihar Prohibition and Excise Amendment Act
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28173 of 2026
Arising Out of PS. Case No.-163 Year-2026 Thana- MASHRAK District- Saran
======================================================
Dipak Rai @ Depak Rai @ Deepak Rai S/o Gautam Ray @ Gautam Yadav
R/o Village - Amardah, P.S - Isuapur, District - 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 : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 274, 123,
110, 105, 238, 61(2)/275 of B.N.S. and Sections 30(a), 33, 34
and 37 of the Bihar Prohibition and Excise Amendment Act.
3. The case of the prosecution, in short is that the
petitioner has purchased spirit from one Pankaj Singh and has
sold the same to Arbind Rai. It is further alleged that from the
house of this petitioner, 7 liters of spirit like alcohol was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that the other allegations are against
Patna High Court CR. MISC. No.28173 of 2026(3) dt.22-06-2026
2/2
other accused persons. The main thrust of allegation against this
petitioner is that 7 liters of spirit was recovered from his joint
house. It has further been submitted that nothing has been
recovered from his possession. It has further been submitted that
the witnesses of the seizure list are police personnel. Police has
not complied Section 105 of the B.N.S.S. while making the
seizure. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 15.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Mashrakh P.S. Case No. 163 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 2nd Exclusive Special Excise
Judge, Saran at Chapra.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.