Patna High Court
Raghunandan RaiversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Raghunandan Rai, was arrested in connection with the seizure of 1,800 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(2) of the Bharatiya Nyaya Sanhita. He claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The Court considered the facts, the petitioner’s willingness to furnish bail bonds, and the conditions proposed, and ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, depositing Rs.25,000 to the specified charity, and attending the police station every Sunday. The order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds are subject to verification of the charitable donation receipt.
Issues considered
- Whether the petitioner is entitled to bail in a case involving alleged illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(2) of the Bharatiya Nyaya Sanhita.
- Whether the conditions imposed by the Court (bond, sureties, charitable donation, and regular police station attendance) are appropriate and lawful.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 317(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition act
- excise law
- Bharatiya Nyaya Sanhita
- criminal procedure
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41331 of 2026
Arising Out of PS. Case No.-135 Year-2026 Thana- PARIHAR District- Sitamarhi
======================================================
Raghunandan Rai S/O Sanjay Rai @ Sanjay Ray Resident Of Village -
Shankarpur, P.s- Sursand, District - Sitamarhi
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Jha, Advocate
For the State : Mr.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Parihar
P.S. Case No. 135 of 2026 registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act and
Section 317(2) of the Bharatiya Nyaya Sanhita.
3. As per the prosecution case, there is recovery of
1800 litres of illicit liquor from the vehicle.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
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13.05.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Special
Judge, Exclusive Excise Court-01, Sitamarhi/concerned Court
below in connection with Parihar P.S. Case No. 135 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- Ramakrishna
Mission Sevashrama, Swami Vivekananda Path, Bela,
Muzaffarpur, Bihar and produce the receipt of the same before
the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
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Sursand Police Station, District- Sitamarhi on every Sunday of
the month. Any default in appearance at the police station will
result in cancellation of bail bonds of the petitioner.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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