Patna High Court
Arwind RishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court grants bail to the petitioner.
Summary
Arwind Rishi applied for bail in an excise case (Case No. 210 of 2026) for alleged possession of three litres of illicit chulai liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution recovered the liquor from a plastic container and opposed bail. The petitioner claimed innocence, alleging non‑compliance with mandatory recovery procedures under Section 103 of the B.N.S.S., 2023, and noted he has two prior criminal antecedents but is already on bail. The court considered the facts, the petitioner’s custody since 04‑04‑2026, and the procedural claim, and decided to grant bail. Bail was set at Rs. 10,000 with two sureties of the same amount, subject to the Special Judge, Exclusive Excise Court No. 2, Purnea, and the order was limited to bail considerations only.
Issues considered
- Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 103 of the B.N.S.S., 2023, warrants bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- illicit liquor
- procedural lapse
- prior antecedents
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35345 of 2026
Arising Out of PS. Case No.-210 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
Arwind Rishi S/o Late Bhagwan Rishi, Resident of - Ward No- 14 Satdov
Purnea, P.S- Rani Patra, District -Purnea, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Jha, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 The matter was heard via video conferencing mode.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with Purnea
Excise P.S. Case No. 210 of 2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and Excise
Act.
4. As per the prosecution case, total three litres of
illicit chulai liquor was recovered from a plastic container kept in
a bag.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. There is non-compliance with mandatory procedure
prescribed for recovery under Section 103 of B.N.S.S., 2023.
Learned counsel lastly submits that petitioner has two criminal
Patna High Court CR. MISC. No.35345 of 2026(2) dt.21-05-2026
2/2
antecedent in which he is on bail and he is in custody since
04.04.2026.
6. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and also considering petitioner’s period of custody, this
Court is inclined to grant bail to the petitioner.
8. Accordingly, let the petitioner, above-named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand Only) with two sureties of the like amount each to
the satisfaction of the learned Special Judge, Exclusive Excise
Court No. 2, Purnea, in connection with Purnea Excise P.S. Case
No. 210 of 2026.
9. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observation shall
not be construed as an expression on the merits of the case and
shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Shahnawaz/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.