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Patna High Court

Vakil RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to monetary sureties and prescribed conditions.

Summary

The petitioner, Rai, was arrested in connection with a case alleging possession of 7.5 litres of illicit foreign liquor recovered from a motorcycle, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no contraband was found in his personal possession, and that the co‑accused’s statement alone should not suffice for continued detention. The State opposed bail, citing the petitioner’s eleven prior criminal convictions and the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court examined the lack of direct evidence linking the petitioner to the liquor and considered the statutory bail provisions. Finding the circumstances insufficient to justify denial of liberty, the Court granted bail subject to monetary sureties and specific conditions. The bail order required the petitioner to appear at all trial dates, restrict travel without permission, and allowed cancellation if he reoffends.

Issues considered

  • What is the applicability of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 in granting bail?
  • Whether the petitioner’s alleged involvement, based solely on co‑accused testimony, warrants denial of bail under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal antecedents
  • Section 103
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4124 of 2026
                        Arising Out of PS. Case No.-273 Year-2021 Thana- SAHPUR District- Patna
                 ======================================================
                 Vakil Rai Son of Jay Kishun Rai Resident of Village- Brahamchari HIra Tola,
                 Sherpur, P.S.- Maner, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Renuka Ratnakar, 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 Shahpur

                   P.S. Case No. 273 of 2021 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 7.5 litres

                   of illicit foreign liquor has been recovered from motorcycle.

                               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. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in

                   question or with the alleged recovery of liquor. The
Patna High Court CR. MISC. No.4124 of 2026(2) dt.27-01-2026
                                             2/3




          apprehended co-accused person disclosed the name of the

          petitioner. The petitioner has got no concern with the alleged

          recovery of liquor. The petitioner is in custody since 09.12.2025

          and has eleven criminal antecedents. There is no compliance of

          Section 103 of 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 Shahpur P.S. Case

          No. 273 of 2021 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.

                        (III)   Petitioner     shall    not    leave the territorial
             Patna High Court CR. MISC. No.4124 of 2026(2) dt.27-01-2026
                                                         3/3




                       jurisdiction of the learned court below without taking prior

                       permission of the court concerned.

                                  (IV) If the petitioner is found involved in the similar

                       nature of offence in future, the prosecution will be at liberty to

                       move for cancellation of bail.



                                                    (Rudra Prakash Mishra, J)
atul/-

U        T


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