Patna High Court
Gajendra Rai @ Gajidra PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Gajendra Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023, after 230 litres of liquor were recovered from a bush. He contended that he had no possession of the liquor, had no criminal antecedents, and that the recovery was from an open area accessible to all. The prosecution opposed bail, while the petitioner argued that no incriminating material linked him to the seizure and that Section 103 of the BNSS had not been complied with. The court, noting the petitioner’s clean record, short period of custody since 7 December 2025, and the circumstances of the case, decided to grant bail. Bail was ordered on a bond of Rs 15,000 with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with bail liable to cancellation on two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, considering the nature of the offence and the petitioner’s antecedents.
- Whether the non‑compliance of Section 103 of the Bharatiya Nyaya Sanhita, 2023, precludes the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275
Subjects
- bail
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
- Section 103
- clean antecedent
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5844 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Gajendra Rai @ Gajidra Prasad S/O Dasai Rai R/O Vill.- Jamunapur Tola,
Belwadih, P.S.- Kalyanpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
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
Kesariya PS Case No. 533 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act
and Sections 274 & 275 of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 230 liters
liquor was recovered from bush.
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 submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.5844 of 2026(2) dt.31-01-2026
2/2
and all. The petitioner is in custody since 07.12.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 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, clean antecedent of the petitioner 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 Kesariya PS Case
No. 533 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.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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