Patna High Court

Raju Rai @ Raju KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Raju Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 50 litres of country-made liquor recovered from a public place. The petitioner claimed innocence, stating no liquor was found in his possession and that the recovery was from an open area where anyone could have placed it. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his five prior criminal antecedents. The State opposed bail, but the court, considering the circumstances and the period of custody, decided to grant bail with a bond of Rs. 15,000 and two sureties, imposing conditions regarding family surety, appearance in court, and cancellation if involved in similar offences. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.
Impact of the petitioner’s prior criminal antecedents on the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3812 of 2026
                     Arising Out of PS. Case No.-305 Year-2025 Thana- AWTARNAGAR District- Saran
                 ======================================================
                 Raju Rai @ Raju Kumar Son of Jawahir Rai Resident of Village - Santha,
                 P.S.- Awatar Nagar, District - Saran 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 :      Mr.Ramchandra Sahni, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Awtarnagar P.S. Case No. 305 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 50 liters

                   of country made liquor was recovered from jute sack at the side

                   of the road.

                                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. Learned counsel
Patna High Court CR. MISC. No.3812 of 2026(2) dt.27-01-2026
                                            2/3




          for the petitioner further submitted that the recovery has been

          made from open place, which is accessible to public at large.

          Local people disclosed the name of petitioner. The petitioner is

          in custody since 05.12.2025 and has got five criminal

          antecedent. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Awtarnagar P.S. Case

          No. 305 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.
           Patna High Court CR. MISC. No.3812 of 2026(2) dt.27-01-2026
                                                       3/3




                                  (III) If the petitioner is found involved in similar

                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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