Patna High Court
Vakil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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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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