Patna High Court
Sandul Rai @ Rishu Rai @ Sandool RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Sandul Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 144 litres of liquor were recovered from a motorcycle. He contended that he had no knowledge of the liquor, that his name was supplied by a local chowkidar, and that no incriminating material was found in his possession. The State opposed bail, highlighting his ten prior criminal antecedents of a similar nature and the alleged non‑compliance with Section 103 of the B.N.S.S., 2023. The Court, after 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, non‑tampering, and territorial restrictions. The bail was ordered to be released after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of his prior criminal antecedents and alleged non‑compliance with Section 103 of the B.N.S.S., 2023.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- Section 103 B.N.S.S., 2023
- conditions of bail
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4318 of 2026
Arising Out of PS. Case No.-78 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Sandul Rai @ Rishu Rai @ Sandool Rai Son of Late Suneshwar Rai Resident
of village - Baraipatti, P.S.- Yadopur (Jadopur), District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, 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 Vishambharpur
(Bishambharpur) P.S. case No. 78 of 2025 instituted for the
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 144 liters
liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.4318 of 2026(2) dt.27-01-2026
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further submitted that the name of the petitioner has transpired
on the basis of disclosure made by local chowkidar. The
petitioner has got no concern with the motorcycle in question.
The petitioner is in custody since 26.11.2025 and has got ten
criminal antecedents in which he is on bail in all the cases as
stated in paragraph 3 of the bail application. There is no
compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has 10 criminal antecedents of similar nature and he
may not be released on bail.
6. Considering the aforesaid facts and circumstances
of the case and 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/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Vishambharpur (Bishambharpur) P.S. case
No. 78 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
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(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) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) The petitioner shall not leave the territorial
jurisdiction of the Court below without its prior permission.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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