Patna High Court
RajshekharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Rajshekhar, was arrested in a Benipatti Excise case for alleged possession of 63 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the owner of the motorcycle from which the liquor was recovered and had no involvement in its sale or purchase, emphasizing the absence of incriminating material in his possession and his clean criminal record. The State opposed bail, arguing the seriousness of the offence. The court considered the petitioner’s clean antecedent, the duration of his custody since 12‑12‑2025, and the lack of compliance with Section 103 of the B.N.S.S., 2023, and decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
- Whether the petitioner’s clean antecedent and the period of custody justify bail.
- Whether non‑compliance with Section 103 of the B.N.S.S., 2023 affects the bail application.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- illegal liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4347 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- Excise Benipatti District- Madhubani
======================================================
Rajshekhar S/O Vijay Paswan R/O Village- Ganguli, Ward No. 05, P.S.-
Benipatti, District- Madhubani, State- Bihar, PIN- 847223.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubham Kumar, Advocate
For the Opposite Party/s : Mr.Dr. Ajeet 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 Benipatti Excise P.S.
case No. 240 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 63 liters liquor
was recovered from motorcycle and the petitioner was arrested
on spot.
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.4347 of 2026(2) dt.27-01-2026
2/2
further submitted that the name of the petitioner has transpired
as being owner of the motorcycle in question. The petitioner
has got no concern with sale and purchase of illegal liquor.
The petitioner is in custody since 12.12.2025 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 of the petitioner 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 Benipatti Excise
P.S. case No. 240 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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