Patna High Court
Sanjay 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, Sanjay Rai, was arrested after 85.5 litres of liquor were recovered from an E‑rickshaw and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of any incriminating material in his possession, that the vehicle did not belong to him, and that his arrest was based solely on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. Considering the absence of a criminal record, the short period of custody since 08‑11‑2025, and the lack of direct evidence linking the petitioner to the liquor, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a 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 petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the arrest of the petitioner without direct incriminating material violates the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner’s lack of prior criminal record and the period of custody justify the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- suspicion arrest
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal procedure
- liquor seizure
- E‑rickshaw
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91746 of 2025
Arising Out of PS. Case No.-201 Year-2025 Thana- SAHIYARA District- Sitamarhi
======================================================
Sanjay Rai S/o Ramnath Rai R/o Village - Parsurampur, P.S - Parsauni,
District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Murari, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, 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
Sahiyara P.S. Case No. 201 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 85.5 liters
liquor was recovered from E-rickshaw 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.91746 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 petitioner has been
arrested only on the basis of suspicion. It is further submitted
that the E-rickshaw does not belong to the petitioner. The
petitioner is in custody since 08.11.2025 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 Sahiyara P.S. Case
No. 201 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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