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Patna High Court

Rajendra RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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