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

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

What the court decided

AI extract

Outcome

Regular bail: release on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, Saran at Chapra in connection with Parsa P.S. Case No. 254 of 2025, subject to conditions that the petitioner remain physically present in trial on each date (bail bond cancellable on two consecutive unexplained absences) and that one bailor be his family member.

Issue for consideration

Whether the petitioner should be released on regular bail in connection with Parsa P.S. Case No. 254 of 2025 registered under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

Court's answer

Bail granted: the petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, Saran at Chapra in connection with Parsa P.S. Case No. 254 of 2025.

Ratio / Principle

Condition (i): the petitioner must remain physically present in trial on each and every date till disposal of the case; on absence on two consecutive dates without reasonable cause, the Trial Court may cancel his bail bond.

Key takeaways

Condition (ii): one of the bailors shall be a family member of the petitioner.ratio¶19

Detailed headnote1 paragraphs

Bail - Regular bail under Sections 30(a) and 37, Bihar Prohibition and Excise Act - Alleged recovery of 02 liters of country made wine from a car bearing Reg. No. BR1AA-8930, Parsa P.S. Case No. 254 of 2025, District Saran - Petitioner's counsel submitted that the petitioner is innocent, has no criminal antecedent, is not the owner or driver of the car and had taken a lift from the driver (Deepak Kumar) unaware that wine was being carried; nothing recovered from his conscious possession; in custody since 22.08.2025 - State opposed the bail prayer - Held: considering the period under custody, petitioner released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 3, Saran at Chapra, subject to conditions of attendance at trial on every date (bail bond cancellable on two consecutive unexplained absences) and one bailor being a family member.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73898 of 2025

Arising Out of PS. Case No.-254 Year-2025 Thana- PARSA District- Saran

======================================================

Nandu Rai @ Nandu Ray S/O Dharamdev Rai @ Dharmdev Rai R/O Vill.Harpur Parsa, P.S.- Parsa, Dist.- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar Thakur For the Opposite Party/s : Mr. Lakshmi Kant Sharma ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 16-10-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant

of regular bail in connection with Parsa P.S. Case No. 254 of 2025 registered for the offences punishable under Section 30(a) and 37 of the Bihar Prohibition and Excise Act.

As per the allegation made in the F.I.R., recovery of 02 liters of country made wine has been made from a car bearing Reg. No. BR1AA-8930 which is the subject matter of the present case.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has got no criminal antecedent. He has no concern with the alleged recovery or occurrence. Petitioner is not the owner or driver of the car, rather he has taken lift from the driver of the car namely Deepak Kumar and the petitioner was completely unaware

Patna High Court CR. MISC. No.73898 of 2025(2) dt.16-10-2025 2/2

that driver is carrying wine from the car and due to lack of knowledge, the petitioner is made accused in this case. Nothing has been recovered from the conscious possession of the petitioner rather the same has been recovered from the alleged vehicle in question. Petitioner is in custody since 22.08.2025 without any fault from his part.

Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Saran at Chapra in connection with Parsa P.S. Case No. 254 of 2025 subject to the following conditions :-

(i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.

(ii). One of the bailor shall be his family member.

(S. B. Pd. Singh, J)

Ankit Kumar/- U T