Patna High Court
Gonu Rai @ Gonu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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(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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