Patna High Court
Navlege Rai @ Navlesh Kumar @ Naulesh Rai @ Navlej RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner with conditions.
Summary
The petitioner, Navlege Rai, was arrested in connection with a case (Nadi P.S. case No. 171 of 2018) alleging offences under Sections 30(a) and 38(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 3,798 litres of liquor from a truck. The petitioner contended that he had no knowledge of or control over the liquor, that the truck did not belong to him, and that his name was implicated only through statements of co‑accused. He also highlighted his clean criminal record and the lack of any material recovered from his possession, as well as the non‑application of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the petitioner’s clean antecedent, the circumstances of his custody, and the absence of incriminating evidence, the Court granted bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 30(a) and 38(a) of the Bihar Prohibition and Excise Act where the accused claims no possession of the seized liquor.
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4337 of 2026
Arising Out of PS. Case No.-171 Year-2018 Thana- NADI P.S. District- Patna
======================================================
Navlege Rai @ Navlesh Kumar @ Naulesh Rai @ Navlej Rai S/o Late
Nawab Rai R/o Village - Rustampur, P.S. - Rustampur, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Rai, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, 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 Nadi P.S. case No.
171 of 2018 instituted for the offences under Sections 30(a)
and 38(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 3798 liters
liquor was recovered from truck.
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
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of liquor. It is further submitted that the name of the
petitioner has transpired on the basis of disclosure made by
apprehended co-accused. The truck in question does not
belong to the petitioner. The petitioner is in custody since
26.12.2025 and has got no criminal antecedent. 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.
6. Considering the aforesaid facts and
circumstances of the case, clean antecedent 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 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 Nadi P.S.
case No. 171 of 2018, 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
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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.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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