Patna High Court
Srikant Rai @ Umakant Rai @ Kallu Rai @ Srikant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Srikant Rai, was charged under Sections 30(a), (c), (d) and 41 of the Bihar Prohibition and Excise Act and Sections 414 and 34 of the Indian Penal Code for allegedly possessing 220 litres of liquor recovered from six jute bags and a motorcycle. The prosecution alleged that the liquor was found in a public place and linked the petitioner through secret information, which was not disclosed. The petitioner contended that he had no possession of the liquor or the motorcycle, that the secret informant’s credibility was unverified, and that there was no compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, citing the petitioner’s eight prior criminal convictions. The High Court, after considering the lack of direct incriminating material and the procedural lapses, granted bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and imposed a condition of regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite multiple prior convictions.
- Whether the non‑disclosure of the source of secret information and lack of compliance with Section 103 of the B.N.S.S., 2023 warrant denial of bail.
- Whether the recovery of liquor from a public place and the alleged ownership of the motorcycle affect the bail decision.
Legislation cited
- B.N.S.S., 2023 — s. 103
- Indian Penal Code — s. 34, 414
Subjects
- bail
- prohibition and excise
- Indian Penal Code
- criminal antecedents
- secret informant
- Section 103
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.510 of 2026
Arising Out of PS. Case No.-92 Year-2020 Thana- RAGHOPUR District- Vaishali
======================================================
Srikant Rai @ Umakant Rai @ Kallu Rai @ Srikant Yadav S/o- Sanjivan Rai
R/v- Sukumarpur, P.S- Raghopur Rustampur O.P., P.O- Jahangirpur, District
Vaishali, and presently R/O Locality - Baglodan Gali Mangal Talab, P.S.
Chowk, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra, Advocate
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, 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 Raghopur (Rustampur
OP) P.S. case No. 92 of 2020 instituted for the offences under
Sections 30(a)(c)(d) and 41 of the Bihar Prohibition and Excise
Act and Section 414/34 of the Indian Penal Code.
3. The prosecution case, in short, is that 220 liters
liquor was recovered from 6 jute bags including one
motorcycle.
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
Patna High Court CR. MISC. No.510 of 2026(2) dt.19-01-2026
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from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that the name of the petitioner has transpired
on the basis of secret information as per F.I.R. The source and
genuineness of the secret information has not been disclosed by
the prosecution. Recovery has been made from an open place
accessible to public at large. The motorcycle in question does
not belong to the petitioner. The petitioner is in custody since
24.08.2025 and has got eight 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. The
petitioner has eight criminal antecedents, hence, he does not
deserve bail.
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 Raghopur (Rustampur OP) P.S. case No. 92
Patna High Court CR. MISC. No.510 of 2026(2) dt.19-01-2026
3/3
of 2020, 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
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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