Patna High Court
Hari Kishore Rai @ Harikishore RaiversusThe 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
Hari Kishore Rai was arrested in connection with a case involving the seizure of 3,492 litres of liquor from a truck, alleged to violate several sections of the Indian Penal Code and the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no link to the vehicle or the liquor recovered. He had been in custody since 12 September 2025 and possessed two prior criminal records, but the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offences. The High Court, after considering the circumstances and the period of custody, granted bail on a bond of Rs. 15,000 with two sureties, imposing conditions of family surety and mandatory appearance at trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the IPC and Bihar Prohibition and Excise Act
- Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
- Whether the petitioner’s alleged lack of connection to the seized liquor and vehicle justifies bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 34, 420, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82427 of 2025
Arising Out of PS. Case No.-111 Year-2021 Thana- GOPALPUR District- Gopalganj
======================================================
Hari Kishore Rai @ Harikishore Rai S/o Rajendra Ray R/o Village- Lalu
Chhapra, Police Station- Paru, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Gopalpur P.S. Case No. 111 of 2021 instituted for the offences
punishable under Sections 420, 467, 468, 471, 34 of the Indian
Penal Code and 30(a), 32(2), 41(1) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 3492
litres of liquor was recovered from Truck.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.82427 of 2025(3) dt.19-01-2026
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incriminating article has been recovered from the conscious
possession of the petitioner. The name of the petitioner
transpired in this case during investigation. Learned counsel
further submitted that petitioner is in no manner connected with
the vehicle in question or the alleged recovery of liquor. The
petitioner is in custody since 12.09.2025 and has two criminal
antecedents. 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 Gopalpur P.S. Case
No. 111 of 2021, 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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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