Patna High Court
Ajay Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Ajay Kumar Rai, was arrested in connection with an alleged illegal liquor smuggling operation in which firearms were also recovered, and charged under the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, was not present at the scene, and that the only allegation against him was a vague, omnibus charge without any specific overt act. The petitioner also highlighted his clean record, the prior grant of bail to a co‑accused, and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. After considering the circumstances, the court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence and non‑intimidation of witnesses. The bail order was issued subject to these conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, Arms Act and Prohibition Act.
- Whether the allegations against the petitioner constitute a specific overt act sufficient to deny bail.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 132, 3(5)
Subjects
- bail
- criminal procedure
- illegal liquor smuggling
- arms possession
- false implication
- Section 103
- Bharatiya Nyaya Sanhita
- Arms Act
- Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.405 of 2026
Arising Out of PS. Case No.-446 Year-2025 Thana- MANJHI District- Saran
======================================================
Ajay Kumar Rai S/o Hiralal Rai R/o village - Gandhi Chowk, P.S - Chapra
Town, District – Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Manjhi
P.S. Case No. 446 of 2025 instituted for the offences under
Sections 109(1), 132, 3(5) of the Bharatiya Nyaya Sanhita,
2023, u/s 25(1-B) (a), 26/27 of the Arms Act and Section 30(a)
of the Bihar Prohibition and Excise Act.
3. Prosecution story, in short, is that on secret
information, police chased a boat allegedly carrying illegal
liquor, where the accused allegedly fired at the police and were
apprehended and recovery of two country-made pistols and four
live cartridges were made. It is further alleged that from the
boat, 752.600 litres of liquor and other articles were allegedly
Patna High Court CR. MISC. No.405 of 2026(3) dt.10-03-2026
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recovered and seized.
4. Learned counsel for the petitioner submitted that
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against these petitioner. No
specific overt act is alleged against the petitioner. Learned
counsel further submitted that petitioner was not present on the
spot, rather his name was disclosed by the apprehended
coaccused person. He further contended that the allegation of
firing is against co-accused person. It has been submitted on
behalf of the petitioners that the petitioner is in custody since
09.12.2025 and has no criminal antecedent. Learned counsel for
the petitioner further submits that other co-accused has been
granted bail by this Bench vide order dated 20.02.2026 passed
in Cr. Misc. No. 12 of 2026. There is no compliance of Section
103 of the Bharatiya Nagarik Suraksha Sanhita, 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 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
Patna High Court CR. MISC. No.405 of 2026(3) dt.10-03-2026
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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 Manjhi P.S. Case No. 446 of 2025,
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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