Patna High Court
Sandeep RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Sandeep Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 1,442.88 litres of illicit liquor were recovered from a truck. He contended that he was merely the driver and had no knowledge of the contraband, asserting that no incriminating material was found in his possession. The State opposed bail, citing his custody since 11-10-2025 and a prior criminal antecedent, while noting non‑compliance with Section 103 of the BNSS, 2023. The court examined the facts, the length of custody, and the lack of direct evidence linking the petitioner to the offence. Concluding that the petitioner was not culpable and that bail was appropriate, the court ordered his release on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of the case.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- driver
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91114 of 2025
Arising Out of PS. Case No.-390 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Sandeep Rai S/o Jhagaru Rai @ Jhagaru Ray R/o Village- Teruaa (Teinrua),
P.S- Baikunthpur, Dist- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Prakash, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
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
Baikunthpur PS Case No. 390 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1442.88 liters
liquor was recovered from truck.
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. It is submitted
that name of the petitioner has surfaced in this case as being co-
Patna High Court CR. MISC. No.91114 of 2025(2) dt.12-01-2026
2/2
driver of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 11.10.2025 and has got one criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Baikunthpur PS
Case No. 390 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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