Patna High Court
Srikant Rai @ Umakant Rai @ Kallu Rai @ Srikant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Srikant Rai, was arrested in connection with a case involving the seizure of 1,130 litres of illicit liquor and four motorcycles under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged his involvement, but no incriminating material was found in his possession and he was said to be implicated only on suspicion. He had been in custody since 26 August 2025, with charges formally framed on 15 November 2025. The petitioner applied for regular bail, arguing lack of direct evidence, while the State opposed the application. The Court, considering the nature of the accusation and the period of custody, allowed the bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offence under the Bihar Prohibition and Excise Act.
- Whether mere suspicion without material evidence justifies continued detention.
- Whether the period of custody and framing of charges affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- suspicion
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91298 of 2025
Arising Out of PS. Case No.-186 Year-2021 Thana- RAGHOPUR District- Vaishali
======================================================
Srikant Rai @ Umakant Rai @ Kallu Rai @ Srikant Yadav Son of Sanjivan
Rai Sukumarpur, P.S. - Raghopur, (Rustampur O.P.), P.O. - Jahangirpur,
District - Vaishali, and 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. Umanath Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Raghopur (Rustampur O.P.) P. S. Case No. 186 of 2021
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 1130 liter illicit liquor and
four motorcycles were recovered from the spot.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner and he is no way connected with the
aforesaid recovery of illicit liquor or the motorcycles. Petitioner
has been made accused in this case only on suspicion. Petitioner
Patna High Court CR. MISC. No.91298 of 2025(4) dt.13-05-2026
2/2
is in custody since 26.08.2025 and charge has been framed on
15.11.2025.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation and period of
custody, this bail application is allowed. The petitioner, above
named, is directed to be released on bail on furnishing bail bond
of Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Court
of Excise (Second)-cum-District and Additional Sessions Judge,
Vaishali at Hajipur in connection with Raghopur (Rustampur
O.P.) P. S. Case No. 186 of 2021.
(Prabhat Kumar Singh, J)
Navya/-
U T
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