Patna High Court
Gonu Rai @ Gonu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
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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