Patna High Court
Rajesh Kumar Rai @ Rajesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Rajesh Kumar Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 45 litres of illicit liquor were recovered from a motorcycle he owned. He contended that he had no knowledge of the liquor, that no incriminating material was found in his possession, and that he had no prior criminal record. The petitioner also argued that the authorities had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, citing the seriousness of the offence. Considering the lack of direct evidence, the petitioner’s clean record, and the procedural lapse, the Court granted bail on a bond of Rs.15,000 with two sureties of the same amount.
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 with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
- Whether the petitioner’s lack of criminal antecedents and the circumstances of custody justify bail.
Legislation cited
Subjects
- bail
- prohibition and excise
- Section 30(a)
- illicit liquor
- criminal procedure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2895 of 2026
Arising Out of PS. Case No.-248 Year-2024 Thana- MAKER District- Saran
======================================================
Rajesh Kumar Rai @ Rajesh Rai S/O Shribhagwan Rai R/o vill.- Dihi
Siroman, P.s.- Maker, Dist.- Chapra, Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, A.P.P.
======================================================
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 Maker
P.S. Case No. 248 of 2024, 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 45 liters
of country made liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The name of the
petitioner has transpired as being owner of the vehicle in
question. The petitioner was not arrested on the spot. The
Patna High Court CR. MISC. No.2895 of 2026(2) dt.19-01-2026
2/2
petitioner is in custody since 29.11.2025 and has got 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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case and 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 Maker P.S. Case No.
248 of 2024.
(Rudra Prakash Mishra, J)
manish/-
U T
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