Patna High Court
Baban RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.
Summary
Baban Rai, who has been in custody since 12 November 2025, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 50 litres of country-made liquor were seized from a motorcycle. The petitioner claimed he was unaware of the liquor and was falsely implicated, citing only a prior similar offence as the basis for his arrest. The State opposed bail, but the court considered the length of custody, the nature of the offence, and the petitioner’s willingness to furnish a bail bond and sureties. The court ordered bail on a bond of Rs.10,000 with two sureties, imposing conditions such as personal presence at trial, a close relative as a bailor, and provisions for cancellation if the petitioner absents himself or is found involved in similar offences. The bail order was granted subject to these terms, and the court clarified that any observations in the order would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and his prior criminal antecedent
- Whether the petitioner’s custody since 12 November 2025 warrants continued detention or bail
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedent
- surety
- custody
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89322 of 2025
Arising Out of PS. Case No.-267 Year-2025 Thana- JALALPUR District- Saran
======================================================
Baban Rai S/o Late Bali Rai R/o Vill- Puchhary, P.O. and P.S- Baniyapur,
Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Adv.
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in connection
with Jalalpur P.S. Case No. 267 of 2025 registered for the
offence(s) punishable under Section(s) 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, two persons were
apprehended with motorcycle and upon search, total 50 litres
country made liquor was recovered.
4. The learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this case.
It is further submitted that the petitioner has no concern with the
seized liquor. It has further been submitted that the petitioner was
not aware of the content which was being carried on the
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motorcycle along with the other co-accused. It has lastly been
submitted that the petitioner has been implicated in this case only
because he has one criminal antecedent of similar nature and he is
in custody since 12.11.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 5000/- with the Advocate Association, Patna High
Court.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
7. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioner has remained
in custody since 12.11.2025, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection Jalalpur P.S. Case No. 267
of 2025, subject to the following terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present before
the concerned Court on each and every date of the trial and shall
cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
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violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent of
the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of aforesaid
amount with the Advocate Association, Patna High Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
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