Patna High Court
Rajendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as there was no material linking the petitioner to the recovered liquor and he had a clean record.
Summary
The petitioner, Rajendra Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 280 litres of country-made liquor were recovered from a cowshed on his premises. He contended that the liquor was found in an open area accessible to all and that he had no knowledge or possession of it, asserting that the police had acted arbitrarily. The petitioner also highlighted his clean criminal record and the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed the bail application, arguing the seriousness of the offence. Considering the lack of incriminating material in the petitioner's possession, his custody duration since 22‑10‑2025, and his clean antecedents, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the grant of bail.
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- Section 103
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.877 of 2026
Arising Out of PS. Case No.-677 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Rajendra Rai S/O Maharaj Rai R/O Vill.- Gulariya Ward No. 15, P.S.-
Muffasil, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Pandey, Adv.
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Muffasil
PS Case No. 677 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 280 liters of
country made liquor was recovered from the cowshed of the
petitioner under the bushes.
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
Patna High Court CR. MISC. No.877 of 2026(2) dt.19-01-2026
2/2
for the petitioner submits that the recovery has been made from
an open place which is accessible to one and all and petitioner
was implicated in this case only due to high handedness of the
police. The petitioner is in custody since 22.10.2025 and has got
clean 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 Muffasil PS Case No. 677 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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