Patna High Court
Vakil RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted to the petitioner subject to a cash bond and prescribed conditions.
Summary
The petitioner, Rai, was arrested in connection with the seizure of 1,513.68 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating material was found in his possession, and that the prosecution had not complied with Section 103 of the BNSS, 2023. He had been in custody since 08‑12‑2025 and possessed eleven prior criminal antecedents, while a co‑accused had already been granted bail. The State opposed the bail application. After weighing the facts, the period of custody, and the lack of direct evidence, the court granted bail subject to a cash bond and several conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the alleged non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- Section 103 BNSS
- anticipatory bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91712 of 2025
Arising Out of PS. Case No.-654 Year-2024 Thana- MANER District- Patna
======================================================
Vakil Rai Son of Jaikishun Rai Resident of Village - Hira Tola, Sherpur, P.S.-
Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, 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 Maner
PS Case No. 654 of 2024 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1513.68 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 petitioner is not apprehend on the spot. The petitioner is in
Patna High Court CR. MISC. No.91712 of 2025(2) dt.19-01-2026
2/3
custody since 08.12.2025 and has got eleven criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023. Other co-accused has been granted bail by this
Court vide order dated 07-01-2025, passed in Cr. Misc. No.
87572 of 2024.
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, after framing
of charge, if not already framed, 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 Maner PS Case No. 654 of 2024, 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
bail bonds of the petitioner.
Patna High Court CR. MISC. No.91712 of 2025(2) dt.19-01-2026
3/3
(III) If the petitioner tampers with the evidence or the
witnesses of the case by intimidating/pressurizing the witnesses,
during the investigation or trial, in that case, prosecution will be
at liberty to move for cancellation of bail of the petitioner.
(IV) If the petitioner is found indulged in any criminal
activity or commission of any crime after being released on bail,
the prosecution will be at liberty to file an appropriate
application before the court below for cancellation of his bail.
(V) The petitioner shall not leave the territorial
jurisdiction of the court below without its prior permission.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.