Patna High Court
Ajai Rai @ Ajai KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Ajai Rai, was arrested in connection with a case alleging possession of 44.92 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was recovered from a jointly occupied house and that no incriminating article was found in his personal possession, asserting false implication. He had been in custody since 11‑12‑2025, had no prior criminal record, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of direct evidence, the petitioner’s clean antecedent, and the procedural lapse. Consequently, the court granted bail on the condition of a Rs. 15,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of custody, lack of incriminating material, and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5937 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- NADI P.S. District- Patna
======================================================
Ajai Rai @ Ajai Kumar Son of Somari Rai Resident of village - Kachhi
Dargah, P.S.- Nadi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, 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 Nadi
P.S. Case No. 329 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 44.920
litres of liquor has been recovered from the house of the
petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the joint house of the petitioner where other family
Patna High Court CR. MISC. No.5937 of 2026(2) dt.31-01-2026
2/2
members of the petitioner also reside. The petitioner has got no
concern with the alleged recovery of liquor. The petitioner is in
custody since 11.12.2025 and has no criminal antecedent. There
is no compliance of Section 103 of the Bharatiya Nagarika
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 as also 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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nadi P.S. Case No.
329 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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