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Patna High Court

Srikant Rai @ Umakant Rai @ Kallu Rai @ Srikant YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner subject to a monetary bond and conditions of appearance and conduct.

Summary

The petitioner, Srikant Rai, was charged under Sections 30(a)(d) and 41 of the Bihar Prohibition and Excise Act for alleged possession of 60 litres of liquor recovered from three motorcycles. He contended that he was falsely implicated, had no ownership of the motorcycles, and that no incriminating material was found on his person. The petitioner also highlighted that his name was added to the case based on secret police information and that the police had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Although he has eight prior criminal antecedents and has been in custody since 26‑08‑2025, the State opposed his bail application. The Court, after considering the circumstances, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding family surety, regular appearance, and cancellation on default or future similar offences. The bail order was pronounced by Justice Rudra Prakash Mishra. The petitioner was directed to appear before the trial court as required.

Issues considered

  • Whether bail should be granted to the petitioner charged under the Bihar Prohibition and Excise Act despite his criminal antecedents and period of custody
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal antecedents
  • court conditions
  • section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90294 of 2025
                      Arising Out of PS. Case No.-69 Year-2020 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Srikant Rai @ Umakant Rai @ Kallu Rai @ Srikant Yadav S/o Sanjivan Rai
                 Permanent R/o Village - Sukumarpur, P.S - Raghopur (Rustampur O.P), P.O -
                 Jahangirpur, District - Vaishali, Presently R/O Locality - Baglodan Gali
                 (Mangal Talab), P.S - Chowk, District - Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravish Mishra, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, 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

                   Raghopur (Rustampur OP) P.S. Case No. 69 of 2020, instituted

                   for the offences punishable under Sections 30(a)(d) and 41 of

                   the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 60 liters

                   liquor was recovered from three motorcycles.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No

                   incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.90294 of 2025(2) dt.19-01-2026
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          possession of the petitioner. The petitioner has got no concern

          with the alleged recovery of liquor. Learned counsel for the

          petitioner also submits that the petitioner was not arrested on

          spot. Name of the petitioner has transpired in this case on the

          basis of secret information received by the police. It is further

          submitted that the petitioner is not the owner of the motorcycles

          in question. The petitioner is in custody since 26.08.2025 and

          has got eight criminal antecedents. There is no compliance of

          Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP 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 after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Raghopur (Rustampur OP) P.S. Case

          No. 69 of 2020, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.
             Patna High Court CR. MISC. No.90294 of 2025(2) dt.19-01-2026
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                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.

                                    (III) If the petitioner is found involved in similar

                       nature of offence in future, the Trial Court will have the liberty

                       to cancel the bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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