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Patna High Court

Sipahi Rai @ Sipahi kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Sipahi Rai, applied for bail in a case registered as Bhagwan Bazar PS Case No. 111 of 2025 under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 100 litres of liquor were recovered from a plastic sack. The prosecution alleged his involvement, while the petitioner claimed innocence, stating no incriminating material was found in his possession and that his name was merely disclosed by locals. He had been in custody since 28‑11‑2025 and possessed four prior criminal antecedents, and the prosecution argued that Section 103 of the BNSS, 2023 had not been complied with. The learned APP opposed bail, but the Court, considering the period of custody, lack of direct evidence, and the petitioner’s claim of false implication, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with cancellation possible after two consecutive defaults.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the evidence and custody period
  • Whether non‑compliance with Section 103 of the BNSS, 2023 precludes grant of bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • BNSS 2023
  • criminal procedure
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3239 of 2026
                   Arising Out of PS. Case No.-111 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Sipahi Rai @ Sipahi kumar Late Deo Rai R/o Village - Nai Basti Brahampur,
                 P.S. - Bhagwan Bazar, Dist. - Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :      Ms. Rina Sinha, 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

                   Bhagwan Bazar PS Case No. 111 of 2025 instituted for the

                   offences under Section/s 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 100 liters

                   liquor was recovered from plastic sack.

                           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. It is submitted
           Patna High Court CR. MISC. No.3239 of 2026(2) dt.19-01-2026
                                                       2/2




                     that name of the petitioner is disclosed by local people. The

                     petitioner is in custody since 28.11.2025 and has got four

                     criminal antecedent/s. There is no compliance of Section 103 of

                     the BNSS, 2023.

                             5.      Learned A.P.P. 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bhagwan Bazar PS

                     Case No. 111 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

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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