Patna High Court
Manak RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Manak Rai sought anticipatory bail fearing arrest in a case (PS No. 665 of 2025) involving alleged possession of 260 litres of liquor, alleged offences under Sections 30(a), 34, 36 and 30(c) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no knowledge of the recovery which was from an open public place, and that no prima facie case existed; he also pointed out non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the facts, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in view of the alleged offences under the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- Section 482
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5483 of 2026
Arising Out of PS. Case No.-665 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Manak Rai S/o- Late Joginder Rai @ Yogendra Rai R/v- Harna Ps- Dariyapur
Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection with
Dariyapur P.S. Case No. 665 of 2025 instituted for the offences
punishable under Sections 30(a), 34, 36, 30(c) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 260 litres of
liquor was recovered from plastic drum.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that petitioner has no
knowledge and concern with the alleged recovery. Learned
counsel further submitted that the alleged recovery has been
Patna High Court CR. MISC. No.5483 of 2026(2) dt.03-02-2026
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made from an open place which is accessible to public at large.
Learned counsel therefore, submitted that prima-facie, no case is
made out against the petitioner. The petitioner has one criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused
has been granted bail by this Court vide order dated 19-01-2026,
passed in Cr. Misc. No. 3742 of 2026.
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, let the petitioner, above named, in the event of
arrest/surrender before the lower court within a period of six
weeks from today, be released on anticipatory bail 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 Dariyapur P.S. Case
No. 665 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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