Patna High Court
Sipahi Rai @ Sipahi kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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