Patna High Court
Shankar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Shankar Rai was arrested in connection with the recovery of 126.45 litres of liquor from a jute sack and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was recovered from a sack that did not belong to him, that it was found in an open public place, and that no incriminating material was found in his possession; he also highlighted his lack of prior criminal record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. After considering the facts, the period of custody since 22‑11‑2025, and the absence of strong evidential material, the Court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of arrest and evidence.
- Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- possession of liquor
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91458 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- KANHAULI District- Sitamarhi
======================================================
Shankar Rai S/O Batahu Rai R/O village - Araria @ Arariya, P.S.- Kanhauli,
Dist. - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kanhauli P.S. Case No. 174 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 126.45 liters
liquor was recovered from jute sack and the petitioner was
arrested on spot.
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
Patna High Court CR. MISC. No.91458 of 2025(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the alleged recovery has been
made from jute sack which does not belong to the petitioner and
the same has been recovered in an open place which is easily
accessible to the public at large. The petitioner is in custody
since 22.11.2025 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 Kanhauli P.S. Case
No. 174 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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