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Patna High Court

Sendul Rai @ Rishu Rai@Sandool RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions.

Summary

The petitioner, Sendul Rai, was arrested in connection with a case where 212.84 litres of illicit liquor were seized from a motorcycle. He contended that he was falsely implicated, that no liquor was found in his possession, and that he had no link to the vehicle, also raising non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the period of custody already served, and the petitioner’s antecedents, the court inclined to grant bail. Bail was ordered on furnishing a Rs.15,000 bond with two sureties and subject to conditions regarding court appearances, non‑tampering with evidence, territorial jurisdiction, and future offences, pending framing of charge if not already done.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with
  • Whether the petitioner’s alleged lack of connection to the seized liquor warrants bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30
  • Section 103
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4630 of 2026
                 Arising Out of PS. Case No.-71 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
                 ======================================================
                 Sendul Rai @ Rishu Rai@Sandool Rai S/O Late Suneshwar Rai Residence of
                 village- Baraipatti, Police station- Yadopur, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Mili Kumari, Advocate
                 For the Opposite Party/s :      Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Vishambharpur (Bishambharpur) P.S. Case No. 71 of 2025

                   instituted for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 212.840

                   litres of illicit country-made and foreign liquor was recovered

                   from motorcycle.

                               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.4630 of 2026(2) dt.28-01-2026
                                             2/3




          that petitioner is in no manner connected with the vehicle in

          question or with the alleged recovery of liquor. Local chowkidar

          disclosed the name of the petitioner. The petitioner is in custody

          since 04.09.2025 and has ten criminal antecedents. 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 Vishambharpur

          (Bishambharpur) P.S. Case No. 71 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.4630 of 2026(2) dt.28-01-2026
                                                         3/3




                       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) Petitioner shall not leave the territorial

                       jurisdiction of the learned court below without taking prior

                       permission of the court concerned.

                                  (V) If the petitioner is found involved in the similar

                       nature of offence in future, the prosecution will be at liberty to

                       move for cancellation of bail.




                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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