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Patna High Court

Md. Rayees @ RaisversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Md. Rayees, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after a police raid recovered 15 litres of Eskuf syrup and he was alleged to have helped the primary accused escape. Rayees contended that he was falsely implicated, that no incriminating material was found on him, and that he has no prior criminal record, having been in custody since 16 September 2025. The State opposed his bail, arguing the seriousness of the offence and his alleged involvement. The Court, after considering the facts and the petitioner’s prolonged detention, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions regarding surety relationships, personal appearance, and possible cancellation for non‑compliance or future offences. The order also clarified that any observations made would not affect the trial, and the application for bail was allowed.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s alleged involvement in aiding the escape of the co‑accused justifies denial of bail.
  • Whether the conditions imposed by the Court are appropriate for the grant of bail.

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • false implication
  • custody
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75973 of 2025

                        Arising Out of PS. Case No.-259 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Md. Rayees @ Rais, S/o Jamruddin, Resident of Village- Bhagwanpur, Ward
                 No. 04, Police Station- Jokihat, District- Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana, Adv.
                 For the Opposite Party/s :        Ms. Meena Singh, Addl. P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   06-01-2026                     Heard the learned counsel for the petitioner and the

                   learned Addl. Public Prosecutor for the State.

                                   2. The petitioner, who is in custody, seeks bail in

                   connection with Jokihat P.S. Case No. 259 of 2025 registered

                   for the offence(s) punishable under Section(s) 30(a) of the Bihar

                   Prohibition and Excise Act.

                                   3. As per the prosecution case, the police, on secret

                   information, had conducted a raid at the house of one Nabi

                   Hassan and on search, total 15 liters of Eskuf syrup was

                   recovered and when the police tried to apprehend the said

                   accused/Nabi Hassan, it is alleged that several other persons

                   helped him to escape, including the petitioner.
Patna High Court CR. MISC. No.75973 of 2025(3) dt.06-01-2026
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                          4. The learned counsel for the petitioner submits

          that the petitioner has falsely been implicated in this case and he

          has no concern whatsoever with co-accused/Nabi Hassan. It has

          further been submitted that no incriminating article has been

          recovered from the possession of the petitioner and only on

          account of ill-motive at the behest of the co-villagers, the name

          of the petitioner has been inserted in this case. It has lastly been

          submitted that the petitioner carries no criminal antecedent and

          he is in custody since 16.09.2025 and the charge-sheet in this

          case has already been submitted.

                          5. The learned Addl. Public Prosecutor for the State

          has vehemently opposed the prayer for bail.

                          6. Regard being had to the facts and circumstances

          of the case and taking note of the fact that the petitioner has

          remained in custody since 16.09.2025, let the petitioner, above-

          named, be released on bail on his furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Court below where the

          case is pending/successor Court in connection with Jokihat P.S.

          Case No. 259 of 2025, subject to the following conditions:-

                                 (i) One of the bailors of the petitioner shall be his
                            close relative and the other shall be a local resident.
                                 (ii) The petitioner shall remain physically present
                            before the concerned Court on each and every date of the
            Patna High Court CR. MISC. No.75973 of 2025(3) dt.06-01-2026
                                                        3/3




                                        trial and shall cooperate in the investigation.
                                             (iii) In case of absence for two consecutive occasions
                                        or in violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the concerned
                                        Court.
                                             (iv) If the petitioner, in future, is found to be
                                        involved in similar nature of offence(s), the prosecution
                                        shall be at liberty to move for cancellation of his bail
                                        bond.
                                             (v) The concerned Court shall verify the criminal
                                        antecedent of the petitioner and in case, at any stage, it is
                                        found that he has concealed his criminal antecedent, the
                                        Court concerned shall take necessary steps for cancellation
                                        of his bail bond. However, the acceptance of bail bond in
                                        terms of the above-mentioned order shall not be delayed
                                        for purpose of or in the name of verification.


                                   7. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.

                                   8. The application stands allowed.



                                                 (Sourendra Pandey, J)
Praveen-II/-

U       T


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