Patna High Court
Kaish RejaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that the circumstances did not justify continued detention.
Summary
The petitioner, Kaish Reja, was arrested in connection with a case alleging that 185.10 litres of liquor were recovered from his auto, violating Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, was not arrested on the spot, and that no incriminating material was found in his possession. The State opposed bail, arguing the seriousness of the offence. The court noted the petitioner’s lack of prior criminal record, the absence of material linking him directly to the contraband, and the prolonged custody since 16‑12‑2025, as well as the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the court deemed that bail was appropriate. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with
Legislation cited
Subjects
- bail
- prohibition act
- excise act
- liquor seizure
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9492 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- KALUAHI District- Madhubani
======================================================
Kaish Reja S/O Md. Ahmad Resident of Village- Chhachhua, P.S.- Bisfi,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mrs. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kaluahi P.S. Case No. 15 of 2025, instituted for the offences
punishable under Sections 30(a) and 47 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 185.10 liters
liquor was recovered from auto.
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. Learned counsel
Patna High Court CR. MISC. No.9492 of 2026(2) dt.12-02-2026
2/2
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case as being owner of the auto in question and he has got no
knowledge with regard to the nature of goods carried in his
vehicle. The petitioner is in custody since 16.12.2025 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 Kaluahi P.S. Case
No. 15 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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