Patna High Court
Doman RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Petitioner Doman Rai was arrested on 12 February 2026 in connection with an illegal liquor manufacturing operation discovered during a police raid in Diwantok Diyara, Vaishali. The prosecution alleged that he, along with others, was involved in producing 300 litres of country-made liquor and possessed equipment for the illicit trade, invoking Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner argued that he has a clean antecedent, was implicated only on suspicion, and that the police failed to comply with mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The court examined the facts, noted the lack of direct evidence linking the petitioner to the seized liquor, and considered his clean record. Accordingly, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence, while allowing the lower court to verify his antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the allegations under the Bihar Prohibition and Excise (Amendment) Act.
- Whether non‑compliance of Sections 103 and 105 of BNSS, 2023, warrants bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illegal liquor
- prohibition law
- excise
- criminal procedure
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29556 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- GANGABRIDGE District- Vaishali
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Doman Rai Son of Late Lala Rai Resident of Village - Rajaso, P.S.- Bidupur,
District - Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.02.2026 in connection with Ganga Bridge P.S. Case No. 35
of 2026 for the offences punishable under Sections 30(a) and
30(c) of Bihar Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in brief, is that on
11.02.2026, the informant along with his police team was on
patrolling duty and conducting raid against the illegal liquor
traders at village Diwantok and in the meantime got information
that illegal liquor manufacturing unit has been running in East-
South direction of Diwantok diyara region situated near bank of
river Ganga by Doman Rai, Lalan Rai, Manki Rai, Birju Kumar,
Bhullu Kumar. To verify the said information and necessary
Patna High Court CR. MISC. No.29556 of 2026(2) dt.04-05-2026
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action police team reached near at Diwantok diyara region
situated near bank of river Ganga and saw that five to six
persons started running away from a liqour bhatti on seeing the
police team who were tried to be apprehended out of which one
person was apprehended and other persons managed to flee
away from the place of occurrence taking benefit of ikri field
and river. On inquiry, the apprehended person disclosed his
name as Doman Rai and he also disclosed the names of fleeing
persons as Lalan Rai, Manki Rai, Birju Kumar, Bhullu Kumar.
Thereafter, on search of place of occurrence, a total of 300 liter
country made liquor and 10,000 liter of raw material used for
preparing liquor is also found there but 10,000 liter of raw
material was destroyed at the place of seizure itself. One
aluminum pipe and one plastic pipe were also recovered from
the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and it appears from the FIR as
well as seizure list that recovery has been made from the place
of occurrence namely, Diwantonk Diyara, Ikri field and the
petitioner has no role at all in the present occurrence and he has
been made an accused in the present case on the basis of
suspicion. It is next submitted that there is non-compliance of
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mandatory provisions of Sections 103 and 105 of BNSS, 2023
and petitioner is in custody since 12.02.2026
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court No. 1-cum- Additional District and
Sessions Judge, Vaishali at Hajipur in connection with Ganga
Bridge P.S. Case No. 35 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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 bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
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any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Gaurav Sinha/-
U T
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