Patna High Court

Vakil RaiversusThe State of Bihar

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

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, arrested on 08‑12‑2025 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 151.2 litres of liquor, applied for bail. The prosecution alleged that the liquor was recovered from the petitioner’s joint house, while the petitioner claimed innocence and lack of conscious possession, noting that other family members also reside there. The petitioner has eleven prior criminal antecedents and the State argued that Section 103 of the BNSS, 2023, was not complied with. After considering the custody period, the nature of the offence, and the petitioner’s antecedents, the Court decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner’s regular appearance before the trial court.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s criminal antecedents
Whether the non‑compliance of Section 103 of the BNSS, 2023, warrants denial of bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
antecedents
surety
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4431 of 2026
                         Arising Out of PS. Case No.-869 Year-2024 Thana- MANER District- Patna
                 ======================================================
                 Vakil Rai S/o Jay Kishun Rai Resident of Village - Hira Tola Sherpur, P.S -
                 Maner, District - Patna



                                                                                   ... ... Petitioner/s
                                                        Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Smt. Renuka Ratnakar, 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 Maner

                   PS Case No. 869 of 2024 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 151.2 liters

                   liquor was recovered from the house of the petitioner.

                           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
Patna High Court CR. MISC. No.4431 of 2026(2) dt.27-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that recovery is made from the joint house of the petitioner,

          where other family members also reside. The petitioner is in

          custody since 08.12.2025 and has got eleven (11) criminal

          antecedent/s. There is no compliance of Section 103 of the

          BNSS, 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 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 Maner PS Case No. 869 of 2024, 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

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.4431 of 2026(2) dt.27-01-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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