Patna High Court

Santosh RaiversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court is inclined to grant bail to the petitioner.

Summary

Santosh Rai, a driver of an e‑rickshaw, was arrested in connection with the recovery of 160 litres of illicit country‑made liquor from the vehicle and charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no ownership or knowledge of the contraband, and that no incriminating article was found in his possession. The petitioner also highlighted the absence of any prior criminal record and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance in court. The order directs release after framing of charge, if not already done, and sets conditions for cancellation of bail on default.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
Whether the petitioner’s claim of false implication and lack of knowledge of the contraband warrants bail.
Whether non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition
excise
illicit liquor
driver
false implication
Section 103
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4241 of 2026
                       Arising Out of PS. Case No.-804 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Santosh Rai Son of Saryug Rai R/o Village - Gola Road, Gajadhar Chak,
                 Ward no. 22, P.S. - Danapur, Dist. - Patna, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shovendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, 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 Danapur

                   P.S. Case No. 804 of 2025 instituted for the offences punishable

                   under Sections 30(a) and 41 of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that total 160 litres

                   of illicit country-made liquor has been recovered from e-

                   rickshaw.

                               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
Patna High Court CR. MISC. No.4241 of 2026(2) dt.27-01-2026
                                             2/3




          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner has got no concern with the alleged

          recovery of liquor. The petitioner is in custody since 03.08.2025

          and has no criminal antecedent. 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 Danapur P.S. Case

          No. 804 of 2025, 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
             Patna High Court CR. MISC. No.4241 of 2026(2) dt.27-01-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                 (Rudra Prakash Mishra, J)
atul/-

U        T

Continue reading with your account

Checking your session…