Patna High Court
Wakil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Wakil Rai was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 185 litres of country‑made liquor were recovered from a boat. The petitioner contended that he had no possession of the liquor, no criminal antecedent, and that the recovery was unrelated to him; he also argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed bail. Considering the lack of incriminating material in the petitioner's possession, his clean record, and the period of custody already served, the Court decided to grant bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- Section 103
- criminal procedure
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90478 of 2025
Arising Out of PS. Case No.-404 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Wakil Rai S/o Chanarik Rai R/o Naya Tola, Sabnima, P.S.- Athmalgola, Dist.-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Athmalgola P.S. Case No. 404 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 185 liters of
country made liquor was recovered from boat.
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. The alleged
recovery has been made from boat, which does not belong to the
Patna High Court CR. MISC. No.90478 of 2025(2) dt.12-01-2026
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petitioner. The petitioner is in custody since 03.11.2025 and has
got no criminal antecedent. 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 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 Athmalgola P.S.
Case No. 404 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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