Patna High Court
Sendul Rai @ Rishu Rai@Sandool RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.