Patna High Court
Bashishth Rai @ Bashishtha Kumar RaiversusThe State of Bihar throgh Inspector of Excise, Begusarai
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Bashishth Rai, was arrested in connection with case No. 164 C2 of 2020 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 268.740 liters of liquor were recovered from a ditch behind his house, an area described as open to the public. He contended that he had no knowledge of or control over the liquor, that no incriminating material was found in his possession, and that the recovery was unrelated to him; he also pointed out the lack of compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal record. Considering the circumstances, including the location of the seizure, the absence of direct evidence, the length of custody already served, and procedural lapses, the Court decided to grant bail. The bail was set at Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of seizure and lack of direct evidence
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 affects the grant of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30
- liquor seizure
- criminal procedure
- surety
- antecedent
- Section 103
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.473 of 2026
Arising Out of PS. Case No.-164 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Begusarai
======================================================
Bashishth Rai @ Bashishtha Kumar Rai S/O Late Ram Bilash Rai R/O Ward
No.06, Govindpur, Rajapur, P.S- Bachhwara, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar throgh Inspector of Excise, Begusarai Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pritish Kumar Lal, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Case No. 164 C2 of
2020 instituted for the offences under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 268.740 liters
liquor was recovered from ditch behind 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 no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.473 of 2026(2) dt.19-01-2026
2/2
further submitted that recovery has been made from behind
house of the petitioner and the same is an open place accessible
to public at large. The petitioner is in custody since 06.12.2025
and has got one 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 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 Case No. 164 C2 of
2020.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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