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Rahul Rai @ Rahul Ray Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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Rahul Rai @ Rahul Ray Vs The State of BiharRahul Rai @ Rahul Ray v. The State of Bihar

Allowed¶¶18

Rahul Rai @ Rahul Ray v. The State of Bihar

Bail – Regular bail – Bihar Prohibition and Excise Act, Sections 30(a), 47(A) and 48

Patna HC8 Oct 2025CR. MISC./71215/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.71215 of 2025, decided 08-10-2025 by Sunil Dutta Mishra, J. Regular bail granted in Phulwariya P.S. Case No.140 of 2025, District Gopalganj, registered under Sections 30(a), 47(A) and 48 of the Bihar Prohibition and Excise Act; 720 litres illicit liquor allegedly recovered from intercepted Bolero vehicle; petitioner in custody since 13.07.2025, no criminal antecedent; bail bond Rs.10,000 with two like sureties. Keywords: bail, excise, illicit liquor, Bihar Prohibition and Excise Act, Gopalganj, Phulwariya.

What did the court decide?

Regular bail granted on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Gopalganj, in connection with Phulwariya P.S. Case No.140 of 2025. ¶¶18

Why is it important?

Having considered the facts and circumstances of the case, the submissions of the parties and the period of custody, the petitioner was ordered to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Gopalganj, in connection with Phulwariya P.S. Case No.140 of 2025. ¶¶18

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Gopalganj, in connection with Phulwariya P.S. Case No.140 of 2025.

Issue for consideration

Whether the petitioner, arraigned in Phulwariya P.S. Case No.140 of 2025 registered under Sections 30(a), 47(A) and 48 of the Bihar Prohibition and Excise Act, is entitled to regular bail.

Court's answer

Having considered the facts and circumstances of the case, the submissions of the parties and the period of custody, the petitioner was ordered to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Gopalganj, in connection with Phulwariya P.S. Case No.140 of 2025.

Detailed headnote1 paragraphs

Bail — Regular bail — Bihar Prohibition and Excise Act, Sections 30(a), 47(A) and 48 — Prosecution case of interception of a Bolero vehicle during patrolling and recovery of 720 litres of illicit liquor, with two accused including the petitioner arrested; counsel submitted petitioner was neither owner nor driver, had taken a lift, and nothing was recovered from his conscious possession; petitioner in custody since 13.07.2025 with no criminal antecedent — Considering the facts and circumstances, submissions of the parties and period of custody, the Court directed release of the petitioner on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Court concerned, Gopalganj, in connection with Phulwariya P.S. Case No.140 of 2025.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71215 of 2025

Arising Out of PS. Case No.-140 Year-2025 Thana- PHULWARIYA District- Gopalganj

====================================================== Rahul Rai @ Rahul Ray S/O Ajay Ray R/o Vill.- Padrauna, P.S. - Bhore, District - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s : Ms. Meena Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 08-10-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in a case registered under Sections 30(a), 47(A) and 48 of the Bihar Prohibition and Excise Act.

As per prosecution case, during patrolling, a Bolero vehicle was intercepted from which 720 litres illicit liquor was recovered and two accused persons including petitioner were arrested. It is further alleged that the apprehended accused persons disclosed the names of other accused persons who fled away from the spot leaving their motorcycles.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. Petitioner was neither owner nor

Patna High Court CR. MISC. No.71215 of 2025(2) dt.08-10-2025 2/2

driver of the vehicle in question. Petitioner had taken the lift and he had no knowledge about keeping of illicit liquor in the said vehicle. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized liquor. Petitioner is in jail since 13.07.2025 having no criminal antecedent and he undertakes to cooperate in the investigation and trial.

Learned A.P.P. has opposed the prayer for bail of the petitioner.

Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Phulwariya P.S. Case No.140 of 2025.

(Sunil Dutta Mishra, J)

Harish/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, arraigned in Phulwariya P.S. Case No.140 of 2025 registered under Sections 30(a), 47(A) and 48 of the Bihar Prohibition and Excise Act, is entitled to regular bail.¶¶12
The court held
Having considered the facts and circumstances of the case, the submissions of the parties and the period of custody, the petitioner was ordered to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Gopalganj, in connection with Phulwariya P.S. Case No.140 of 2025.ratio¶¶18

Statutes considered

3 provisions across 1 enactments

AI extract

Bihar Prohibition and Excise Act30(a)¶¶12 47(A)¶¶12 48¶¶12

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case registered as Phulwariya P.S. Case No.140 of 2025, Thana Phulwariya, District Gopalganj.¶¶2
Prior proceeding
Offence registered under Sections 30(a), 47(A) and 48 of the Bihar Prohibition and Excise Act; petitioner sought regular bail therein.¶¶12
Prior proceeding
Prosecution case: during patrolling a Bolero vehicle was intercepted, 720 litres of illicit liquor recovered, and two accused persons including the petitioner arrested; other named accused fled leaving their motorcycles.¶¶13
Prior proceeding
Petitioner in custody since 13.07.2025; counsel stated he has no criminal antecedent and undertakes to cooperate in investigation and trial.¶¶16

Parties & counsel

AI extract

petitioner
Rahul Rai @ Rahul Ray S/O Ajay Ray R/o Vill.- Padrauna, P.S. - Bhore, District - Gopalganj¶¶3
Umesh Kumar Singh
respondent
The State of Bihar¶¶6
Meena Singh

Coram

AI extract

Sunil Dutta Mishraauthor¶¶9

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 8 Oct 2025 · October
Registered: 27 Sept 2025
Case no.: CR. MISC./71215/2025
CNR: BRHC010975922025
Bench: Sunil Dutta Mishra
Disposal: ALLOWED
Case type: Criminal Miscellaneous

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Cite this judgement

Rahul Rai @ Rahul Ray v. The State of Bihar, CR. MISC./71215/2025 (PAT), decided on 8 October 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Bihar Prohibition and Excise Act30(a) · 47(A) · 48

View all statutes

Procedural history4

Case registered as Phulwariya P.S. Case No.140 of 2025, Thana Phulwariya, District Gopalganj.
Offence registered under Sections 30(a), 47(A) and 48 of the Bihar Prohibition and Excise Act; petitioner sought regular bail therein.

View full history

Bench / Coram

Sunil Dutta Mishra

Parties & counsel