Patna High Court
Raees Khan @ Rahish KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 341
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
Checking your session…