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Patna High Court

Mithilesh Rai @ Jharkat RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Mithilesh Rai was arrested in connection with the recovery of 320 litres of country‑made liquor, of which 105 litres were found behind his house, under sections 30(a), 30(c), 34 and 36 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, no material was recovered from his conscious possession, and he possessed no prior criminal record. The State opposed bail, relying on the alleged recovery from his premises. The petitioner highlighted that a co‑accused had already been granted bail and that Section 103 of the BNSS, 2023 had not been complied with. Considering the lack of incriminating evidence, the petitioner’s custody period, and the statutory provisions, the court ordered his release on bail with a bond of Rs.15,000 and two sureties.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in the circumstances of the case
  • Whether the non‑compliance of Section 103 of the BNSS, 2023 affects the grant of bail

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 103 BNSS
  • criminal procedure
  • no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87158 of 2025
                      Arising Out of PS. Case No.-671 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Mithilesh Rai @ Jharkat Rai S/O Nihora Rai Resident of village- Itawa
                 English, Police Station- Dariyapur, District- Saran.
                                                                             ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mili Kumari, Advocate
                 For the Opposite Party/s :       Mr.Umesh Lal Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Dariyapur PS Case No. 671 of 2025 instituted for the offences

                   under Section/s 30(a), 30(c), 34 & 36 of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 320

                   liters country made liquor was recovered, out of which 105

                   liters of country made liquor was recovered from behind the

                   house of petitioner.

                                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
           Patna High Court CR. MISC. No.87158 of 2025(2) dt.13-01-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. It is submitted

                     that recovery is from an open place, which is accessible to one

                     and all. He further submits that other co-accused Rajeev Kumar

                     @ Sonalika has been granted bail vide order dated 04.12.2025

                     passed in Criminal Miscellaneous No. 84413 of 2025. The

                     petitioner is in custody since 26.10.2025 and has got no criminal

                     antecedent. There is no compliance of Section 103 of the BNSS,

                     2023.

                                  5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Dariyapur PS Case

                     No. 671 of 2025.


                                                  (Rudra Prakash Mishra, J)

manish/-

U      T


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