Patna High Court
Rajesh GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted regular bail to the petitioner.
Summary
Rajesh Giri was arrested in connection with Panapur P.S. Case No. 144 of 2026 for alleged possession of 20 litres of country-made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner pleaded innocence, asserted a clean antecedent, and argued that the FIR was based solely on an informant’s report with no independent witness to the seizure. The State opposed the bail application. The Court examined the nature of the offence, the lack of corroborative evidence, and the petitioner’s personal circumstances, and found no compelling reason to deny bail. Consequently, the Court granted regular bail on the condition of a bail bond of Rs. 10,000 with two sureties. The petitioner was ordered to be released on regular bail.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the facts of the case.
- Whether the absence of an independent witness to the seizure and the petitioner’s clean antecedent justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- country-made liquor
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35100 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- PANAPUR District- Saran
======================================================
Rajesh Giri, aged about 42 years male, Son of Hari Giri Resident of Village-
Peyarepur, P.O.- Peyarepur, P.S.- Baikunthpur, District- Gopgalganj- 841420.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks regular bail in connection with
Panapur P.S. Case No. 144 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act 2018.
3. As per allegation in the FIR, total 20 liters of
country made liquor has been recovered from the conscious
possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that petitioner is
Patna High Court CR. MISC. No.35100 of 2026(2) dt.21-05-2026
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named in the FIR and there is recovery of 20 liters of country
made liquor from the possession of the petitioner.
Petitioner has got clean antecedent as stated in para 3 of the
petition is in custody since 18.04.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned 2nd Exclusive Special Excise Judge, Saran at Chapra
dated 02.05.2026, it appears that on the basis of written report of
the informant, FIR has been registered under Section 30(a) of
the Bihar Prohibition and Excise Act against the present
petitioner and the allegation is of recovery of country made
liquor. Petitioner has got clean antecedent as stated in para 3 of
the petition is in custody since 18.04.2026 and there is no any
independent witness of the seizure list, so considering all the
aspects of the case and submission of learned counsel for the
petitioner, I am inclined to grant regular bail to the above named
petitioner.
7. Accordingly, the prayer for regular bail of the
above named petitioner is allowed. Let the petitioner above
named be released on regular bail on furnishing bail bonds of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.35100 of 2026(2) dt.21-05-2026
3/3
amount each to the satisfaction of the learned 2nd Exclusive
Special Excise Judge Saran at Chapra, in connection with
Panapur P.S. Case No. 144 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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