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Patna High Court

Gonu Rai @ Gonu RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Gonu Rai, was arrested in connection with a case alleging possession of 139 litres of illicit country-made liquor, violating Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed the liquor was recovered from plastic bags at a public place, while the petitioner asserted innocence, stating no incriminating material was found in his possession and that the recovery occurred in an open area. The petitioner, who has eight prior criminal antecedents, had been in custody since 11‑12‑2025 and the State opposed bail, also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court considered the length of custody, lack of direct evidence, and the petitioner’s claim of innocence, and decided to grant bail subject to monetary sureties and conditions. The bail order required a bond of Rs.15,000 with two sureties, a family member as one bailor, regular court appearances, and restrictions on travel and future offences.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s antecedents.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 30(a)
  • Section 103
  • Bihar
  • antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5414 of 2026
                      Arising Out of PS. Case No.-444 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Gonu Rai @ Gonu Ray S/O Mantun Rai @ Mantu Rai @ Mantu Ray R/O
                 Mohalla- Shish Mahal Hamampar, P.S.- Khajekalan, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Harish Kumar
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Khajekalan P.S. Case No. 444 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 139

                   liters of country made liquor was recovered from plastic bags.

                                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. Learned counsel

                   for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.5414 of 2026(2) dt.31-01-2026
                                            2/3




          made from open place as shown in F.I.R. near Nav Shakti Park,

          which is accessible to public at large. The petitioner is in

          custody since 11.12.2025 and has got eight criminal

          antecedents. There is no compliance of Section 103 of the

          Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Khajekalan P.S. Case No. 444 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

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the petitioner.
           Patna High Court CR. MISC. No.5414 of 2026(2) dt.31-01-2026
                                                       3/3




                                  (III) If the petitioner is found involved in similar

                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.

                                  (IV) The petitioner will not leave the territorial

                     jurisdiction of the Court below without its prior permission for

                     the same.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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