Patna High Court

Santosh RajvanshiversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners, subject to specified conditions.

Summary

Santosh and Sintu Rajwanshi were arrested in connection with a case under Sections 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act for the alleged recovery of 840 litres of country‑made liquor from a jungle. The petitioners contended that they were falsely implicated, that no incriminating material was found in their possession and that the liquor was recovered from an open area accessible to all. They also pointed out that Section 103 of the BNSS, 2023 had not been complied with and that a co‑accused had already been granted bail. The State opposed the bail application. Considering the facts, the period of custody already served, and the petitioners’ antecedents, the Court inclined to grant bail subject to monetary and surety conditions and compliance with appearance requirements.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for offences under Sections 30(a), 30(d) and 41.
Whether the non‑compliance of Section 103 of the BNSS, 2023 and the petitioners’ prior criminal antecedents preclude bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
illegal liquor
criminal procedure
Section 103
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91049 of 2025
                     Arising Out of PS. Case No.-314 Year-2025 Thana- GOVINDPUR District- Nawada
                 ======================================================
           1.     Santosh Rajvanshi Son of Mewalal Rajvanshi Resident of village -
                  Kamalpur, P.S.- Govindpur, District - Nawada.
           2.    Sintu Rajwanshi Son of Madan Rajwanshi Resident of village - Kamalpur,
                 P.S.- Govindpur, District - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Govindpur PS Case No. 314 of 2025 instituted for the offences

                   under Sections 30(a), 30(d) & 41 of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 840 liters

                   country made liquor was recovered from jungle.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.91049 of 2025(2) dt.19-01-2026
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          got no concern with the alleged recovery of liquor. It is

          submitted that recovery is from an open place, which is

          accessible to one and all. The petitioners are in custody since

          06.12.2025 and have got two criminal antecedent/s each. There

          is no compliance of Section 103 of the BNSS, 2023. Other co-

          accused has been granted bail by this Court vide order dated

          04.12.2025, passed in Cr. Misc. No. 84563 of 2025.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                   7.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Govindpur PS Case

          No. 314 of 2025, subject to the following conditions:

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

          family of the petitioner.

                  (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
           Patna High Court CR. MISC. No.91049 of 2025(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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