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Patna High Court

Gonu Rai @ Gonu RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Gonu Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 54 litres of liquor recovered from a jute sack. He claimed innocence, arguing that the liquor was recovered from an open place and that no incriminating material was found in his possession. The State opposed bail, while the petitioner highlighted his eight prior criminal antecedents and the lack of compliance with Section 103 of the BNSS, 2023. After considering the facts, the court decided to grant bail, subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance in court. The bail order was issued pending framing of charge, if not already done.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and prior criminal antecedents.
  • Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • BNSS Act
  • Section 103
  • criminal antecedents
  • surety
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3535 of 2026
                      Arising Out of PS. Case No.-438 Year-2024 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Gonu Rai @ Gonu Ray S/O Mantun Rai @ Mantu Rai @ Mantu Ray R/O
                 Mohalla- Diwan Mohalla, Sidhighat, P.S.- Khajekalan, District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, 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

                   Khajekalan PS Case No. 438 of 2024 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 54 liters

                   liquor was recovered from jute 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

                   that recovery is from an open place, which is accessible to one
           Patna High Court CR. MISC. No.3535 of 2026(2) dt.19-01-2026
                                                       2/2




                     and all. The petitioner is in custody since 12.11.2025 and has

                     got eight 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, after framing

                     of charge, if not already framed, 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 Khajekalan PS Case No. 438 of 2024,

                     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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