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Patna High Court

Wakil RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                       2/2




                     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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