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Patna High Court

Phiti Rai @ Sheshnath Rai @ Sheshnath Ray @ Fitti Ray @ Fittilal RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the regular bail application, subject to a bail bond, sureties, and a condition of depositing Rs.25,000 in a charitable institution.

Summary

Petitioners Phiti Rai and Dilip Rai were arrested in connection with the seizure of 372 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. They had been in custody since 6 August 2025 and each had several prior criminal antecedents. After a previous regular bail application was rejected, they filed a second application, claiming false implication and offering to donate Rs.25,000 each to a charitable organization. The State opposed the bail, but the court considered the nature of the offence, the period of custody, and the petitioners’ willingness to cooperate. The court allowed the regular bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties and to deposit Rs.25,000 in the Ramkrishna Mission Ashrama, producing the receipt before the lower court.

Issues considered

  • Whether regular bail should be granted to accused persons with multiple prior criminal antecedents for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the condition of depositing a charitable donation as part of bail is permissible.
  • Whether the earlier rejection of bail can be revisited on the basis of the petitioners' cooperation and other circumstances.

Legislation cited

Subjects

  • regular bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • bail conditions
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87213 of 2025
                       Arising Out of PS. Case No.-440 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Phiti Rai @ Sheshnath Rai @ Sheshnath Ray @ Fitti Ray @ Fittilal Ray Son
                  of Supan Rai @ Supan Prasad Ray Resident of village - Sabalpur Hasti Tola,
                  P.S.- Sonpur, District - Saran (Chapra)
           2.     Dilip Rai @ Dilip Ray @ Dilip Kumar Son of Mahavir Ray @ Mahavir Rai
                  Resident of village - Sabalpur Hasti Tola, P.S.- Sonpur, District - Saran
                  (Chapra)
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ganesh Prasad Singh, Advocate
                 For the Opposite Party/s :       Ms.Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   05-05-2026                  Heard the parties.

                                2. This is the second attempt of the petitioners for grant

                   of regular bail in connection Sonpur P.S. Case No. 440 of 2025

                   registered for the offence under Section 30(a) of Bihar Prohibition

                   and Excise Act, 2022. Earlier the regular bail application of the

                   petitioners was rejected vide order dated 23.09.2025 passed in Cr.

                   Misc. No. 63399 of 2025.

                                3. As per the prosecution case, recovery is of 372 liters

                   of illicit liquor. Petitioners are in custody since 06.08.2025 and

                   petitioner no. 1 has six criminal antecedents and petitioner no. 2

                   has four criminal antecedents.

                                4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in the present case. The
              Patna High Court CR. MISC. No.87213 of 2025(3) dt.05-05-2026
                                                          2/2




                        petitioners undertake to co-operate in the case/ trial.

                                     5. Learned counsel for the petitioners also submits that

                        the petitioners are ready to donate Rs.25,000/- each in some

                        charitable organization without accepting their guilt.

                                     6. Learned APP for the State has opposed the prayer for

                        regular bail of the petitioners.

                                     7. Considering the recovery and period of custody, this

                        application for regular bail is allowed.

                                     8. Accordingly, let the petitioners, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) each with two sureties of the like amount each to the

                        satisfaction of the learned 2nd Exclusive Special Excise Judge,

                        Saran at Chapra /concerned Court below in connection with

                        Sonepur P.S. Case No. 440/2025 subject to the following

                        condition:-

                                                     (i) The petitioners shall deposit an amount
                                        of Rs. 25,000/- each in Ramkrishna Mission Ashrama,
                                        Latu Maharaj Path, Opp. Circuit House, Chapra and
                                        produce the receipt of the same before the Court below.
                                        The bail bonds of the petitioners shall be accepted
                                        after verifying the genuineness of the receipt produced
                                        by the petitioners.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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