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Patna High Court

Naga RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail, holding that the absence of a forensic science laboratory report on the cause of death precludes granting bail at this stage.

Summary

Petitioner Naga Rai was arrested in connection with a case alleging that he sold illicit liquor which was consumed by Pramod Yadav, who later died in hospital. The prosecution alleges offences under several sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act. The petitioner contended he is innocent, that the liquor was sold to him by a third‑party Khalifa Yadav, and that the autopsy showed no ante‑mortem injuries, but the forensic science laboratory (FSL) report was not yet available. The State opposed regular bail, arguing that the cause of death remained unclear without the FSL report. The High Court, after hearing both sides, refused bail on the ground that the missing forensic report precluded a definitive opinion on the death, but allowed the petitioner to renew the bail application once the report is received.

Issues considered

  • Whether regular bail can be granted when the cause of death is unclear and the forensic report is pending.
  • Whether the petitioner’s alleged involvement in the sale of illicit liquor warrants denial of bail.

Legislation cited

Subjects

  • regular bail
  • forensic report
  • cause of death
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42217 of 2026
                      Arising Out of PS. Case No.-174 Year-2026 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Naga Rai S/o Late Jyotik Rai Resident of village - Shankar Saraiya, P.S.-
                 Turkauliya, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-07-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in

                   connection with Turkauliya P.S. Case No. 174 of 2026 instituted

                   for the offence under Sections 274, 275, 123, 105, 110, 111(2),

                   61(2) of BNS and Sections 33, 34(a), 34(b), 34(b)(i), 34(b)(ii),

                   34(b) (iii), 34(b) (iv) and 36 of the Bihar Prohibition and Excise

                   Act.

                                3. The case of the prosecution is that one Dinesh

                   Yadav and Pramod Yadav have consumed liquor at the house of

                   this petitioner after that, they went to their house. On next day,

                   Pramod was not feeling well and was rushed to Sadar Hospital,

                   Motihari and it was informed that other persons also consumed
Patna High Court CR. MISC. No.42217 of 2026(2) dt.01-07-2026
                                            2/3




          liquor with Pramod Yadav and they were also having health

          issues and were rushed to Sadar Hospital, Motihari. During

          course of treatment, Pramod Yadav died.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and committed no offence. He has further

          submitted that from perusal of the FIR, it is clear that informant

          Dinesh Yadav and others have also consumed liquor but only

          Pramod Yadav has died. It has also been submitted that during

          course of investigation, one Khalifa Yadav has given his

          confessional statement and he has stated that he has sold the

          liquor to this petitioner. From perusal of the postmortem report,

          it transpires that the doctor conducting the autopsy of the

          deceased has not found any ante-mortem injury on the person of

          the deceased and the viscera was preserved. Learned counsel

          has further submitted that the liquor which was being consumed

          by the deceased was purchased by the petitioner from Khalifa

          and Khalifa himself has purchased the liquor from Sunil.

          Moreover, the petitioner is languishing in judicial custody since

          04.04.2026.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard the learned counsel for the parties
            Patna High Court CR. MISC. No.42217 of 2026(2) dt.01-07-2026
                                                        3/3




                      and considering the fact that in this case, the Viscera was

                      preserved but FSL report is not available as yet. In such,

                      circumstances, the cause of death is not clear and without the

                      FSL report, there can be no definite opinion regarding death, as

                      such, I am not inclined to enlarge the petitioner on bail at this

                      stage and, as such, his prayer for bail stands rejected.

                                   7. However, the petitioner may be at liberty to renew

                      his prayer for bail after receipt of the FSL report.



                                            (Ashok Kumar Pandey, J)
Shubham/-
Sneha/-

U     T


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