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Patna High Court

Dinesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Dinesh Rai, was arrested in connection with a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act for alleged possession of large quantities of liquor. The prosecution alleged that 50 litres of liquor and 10,000 litres of semi‑fermented liquor were recovered from a public place, and two motorcycles were seized. The petitioner contended that he was falsely implicated, no incriminating article was found in his possession, he has no prior criminal record, and the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was lacking. The State opposed bail. Considering the lack of direct evidence against the petitioner, his clean record, and the prolonged custody since May 2025, the court inclined to grant bail. The court ordered his release on bail with a bond of Rs.15,000 and two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to bail despite the recovery of liquor from a public place.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars bail.
  • Whether the evidence recovered implicates the petitioner directly under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 103
  • Bharatiya Nagarika Suraksha Sanhita
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6225 of 2026
                    Arising Out of PS. Case No.-70 Year-2025 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Dinesh Rai S/O Binda Rai @ Bindar Ray R/O Village- Terasiya Diyara, P.S-
                 Ganga Bridge, District- Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Ganga

                   Bridge P.S. Case No. 70/2025 instituted for the offences

                   punishable under Sections 30(a) and 30(c) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 50 litres

                   of liquor was recovered from the tube, two motorcycles and

                   10,000/- litres of semi fermented liquor was destroyed at the

                   spot.

                               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
             Patna High Court CR. MISC. No.6225 of 2026(2) dt.30-01-2026
                                                         2/2




                       possession of the petitioner rather the recovery has been made

                       from an open place which is accessible to public at large. The

                       other co-accused person has already been granted bail by this

                       court vide order dated 29.07.2025 passed in Cr. Misc. No.

                       48552/2025. The petitioner is in custody since 19.05.2025 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 Ganga Bridge P.S.

                       Case No. 70/2025.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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