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Patna High Court

Raees Khan @ Rahish KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, a driver, was arrested in connection with the seizure of 3,105 litres of liquor from a truck and charged under the Bihar Prohibition and Excise Act and several provisions of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, had no knowledge of the contraband, was not the vehicle owner, and that no incriminating article was found in his possession. The State opposed bail, citing the seriousness of the offences. The Court noted the petitioner’s lack of prior criminal record, his role merely as a driver, and the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and therefore granted bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, family surety requirement, regular court appearances, non‑tampering with evidence, and permission for any travel outside the jurisdiction.

Issues considered

  • Whether bail should be granted to a driver accused of offences under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023.
  • Whether the lack of possession of incriminating articles and the petitioner’s role as a driver justify bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • driver liability
  • false implication
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.311 of 2026
                 Arising Out of PS. Case No.-331 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
                 Raees Khan @ Rahish Khan S/O Habib Khan R/O Village- Kheripur, C-56,
                 P.S- Old Faridabad, Dist- Faridabad (Hariyana).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 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

                   Durgamati P.S. Case No. 331 of 2025 instituted for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act and Sections 338, 336(3), 318(4), 340(2), 341 of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. The prosecution case, in short, is that total 3105

                   litres of liquor was recovered from truck.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.311 of 2026(2) dt.19-01-2026
                                             2/3




          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 15.10.2025 and has no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika 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, after framing

          of charge, if not already framed, 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 Durgamati P.S. Case

          No. 331 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.311 of 2026(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioner.

                                  (III) 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.

                                  (IV) Petitioner shall not leave the territorial

                     jurisdiction of the learned court below without taking prior

                     permission of the court concerned.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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