Patna High Court
Satyendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Satyendra Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 125 litres of liquor recovered from a public place. He contended that he was falsely implicated, no liquor was found in his personal possession, and the recovery was from an open area accessible to all. The State opposed bail, citing the seriousness of the offence and the petitioner’s six prior criminal antecedents. The Court noted the lack of direct incriminating evidence against the petitioner, the duration of his custody since 10‑12‑2025, and the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these factors, the Court granted bail on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and mandatory attendance at all trial dates.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of direct incriminating material.
- Whether the petitioner’s prior criminal antecedents and the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, preclude bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3983 of 2026
Arising Out of PS. Case No.-564 Year-2025 Thana- SONEPUR District- Saran
======================================================
Satyendra Rai Son of Rambadan Rai @ Badan Rai R/o Village - Baburbani,
P.S. - Sonepur, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
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 Sonepur
P.S. Case No. 564 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 125 litres
of liquor has been recovered from diyara.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 10.12.2025 and has six
criminal antecedents. There is no compliance of Section 103 of
Patna High Court CR. MISC. No.3983 of 2026(2) dt.27-01-2026
2/2
the Bharatiya Nagarika 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 as also 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/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Sonepur P.S. Case
No. 564 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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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