Patna High Court
Doman RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.15,000 and two sureties of the same amount.
Summary
The petitioner, Doman Rai, was arrested on 12-12-2025 for alleged possession of 75 litres of country-made liquor recovered from a public place, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that no incriminating material was found in his conscious possession and that he was falsely implicated, also noting a lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, citing the offence and the petitioner’s prior criminal antecedent. The Court considered the facts, the period of custody, and the absence of direct evidence against the petitioner. Consequently, the Court granted bail on the condition of a Rs.15,000 bond and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and lack of material in possession.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7838 of 2026
Arising Out of PS. Case No.-931 Year-2025 Thana- MANER District- Patna
======================================================
Doman Rai S/o Mitthu Rai Resident of Village- Mustafapur, P.S.- Bihta,
Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Maner
P.S. Case No. 931 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 75 liters
of country made liquor was recovered from Jute sack. Petitioner
was arrested on the spot.
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. Learned counsel
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.7838 of 2026(2) dt.10-02-2026
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made from open place, which is accessible to public at large.
The petitioner is in custody since 12.12.2025 and has got one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Maner P.S. Case No.
931 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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