Nagina Rajbanshi @ Nawina Rajbanshi @ Nagina Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Nagina Rajbanshi @ Nawina Rajbanshi @ Nagina Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Govindpur PS Case No. 314 of 2025, subject to conditions that one bailor be an own/close family member and that the petitioner appear on every trial date, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.

Issue for consideration

Whether the petitioner should be released on bail in connection with Govindpur PS Case No. 314 of 2025, instituted for offences under Sections 30(a), 30(d) & 41 of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Govindpur PS Case No. 314 of 2025, subject to conditions.

Key takeaways

Bail imposed with conditions: one bailor shall be an own/close member of the petitioner's family, and the petitioner shall appear on every date fixed at the trial; on default in appearance on two consecutive dates, the Trial Court has liberty to cancel the bail bonds.ratio¶23

Detailed headnote1 paragraphs

Bail granted - Patna High Court, Criminal Miscellaneous No.84563 of 2025 (decision 04-12-2025, Rudra Prakash Mishra, J). Petitioner sought bail in Govindpur PS Case No. 314 of 2025, District Nawada, instituted under Sections 30(a), 30(d) & 41 of the Bihar Prohibition and Excise Act, following recovery of 840 liters of country made liquor from several plastic drums. Petitioner in custody since 14.11.2025 with two criminal antecedents; counsel contended innocence, that the recovery was from an open place accessible to all, and that there was no compliance of Section 103 of the BNSS, 2023. Considering the facts, circumstances and period of custody, the Court released the petitioner on bail on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each, conditioned on one bailor being an own/close family member and appearance on every trial date, failing which on default on two consecutive dates the Trial Court may cancel the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84563 of 2025

Arising Out of PS. Case No.-314 Year-2025 Thana- GOVINDPUR District- Nawada

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

Nagina Rajbanshi @ Nawina Rajbanshi @ Nagina R/O Umesh Rajbanshi R/o Village- Kamlpur, P.S.- Govindpur, District- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Govindpur PS Case No. 314 of 2025 instituted for the offences under Section/s 30(a), 30(d) & 41 of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that 840 liters country made liquor was recovered from several plastic drums.

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

Patna High Court CR. MISC. No.84563 of 2025(2) dt.04-12-2025 2/2

that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 14.11.2025 and has got two criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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.

Let the petitioner be released on bail 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 Govindpur PS Case No. 314 of 2025, 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.

(Rudra Prakash Mishra, J)