Patna High Court
Srikant Rai @ Umakant Rai @ Kallu Rai @ Srikant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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