Satendra Rai @ Satendra Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Satendra Rai @ Satendra Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Motihari, East Champaran, with the condition that he shall not indulge in similar offences in the near future.

Issue for consideration

Whether the petitioner, implicated in Bhopatpur P.S. Case No. 123 of 2025 for offences under sections 30(a) and 41(a) of the Bihar Prohibition and Excise Act and sections 25(1-b)(a), 26 and 35 of the Arms Act, should be enlarged on regular bail.

Court's answer

Considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail in connection with Bhopatpur P.S. Case No. 123 of 2025 on furnishing a bail bond 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. 1, Motihari, East Champaran, on the condition that he shall not indulge in similar offences in the near future.

Detailed headnote1 paragraphs

Bail granted — Offences under sections 30(a) and 41(a) of the Bihar Prohibition and Excise Act and sections 25(1-b)(a), 26 and 35 of the Arms Act — Prosecution case of recovery of 501.120 litres of illicit foreign liquor with a countrymade pistol and live cartridges from a Bolero vehicle — Petitioner's contentions: nothing recovered from his possession, he is neither owner nor driver of the vehicle, seizure witnesses are police personnel, and there is alleged non-compliance with Section 105 of the BNSS; petitioner stated to have antecedents in five similar cases and in custody since 06.01.2026 — Held: considering the facts and circumstances, petitioner enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each before the Exclusive Special Excise Court No. 1, Motihari, East Champaran, with a condition not to indulge in similar offences in the near future.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14678 of 2026

Arising Out of PS. Case No.-123 Year-2025 Thana- Bhopatpur District- East Champaran

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

Satendra Rai @ Satendra Yadav Son of Late Nandkishor Rai @ Nandkishor Ray Resident of Village - Jamunapur, P.S. - Kalyanpur, Dist. - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Advocate Miss Harsha Shashwat, Advocate For the Opposite Party/s : Mr.Asha Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

3 18-04-2026

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

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30 (a) 41 (a) of the Bihar Prohibition and Excise Act and Section 25 (1-b) a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that a total of 501.120 litres of illicit foreign liquor, along with a countrymade pistol and live cartridges, was recovered from a Bolero vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that, as per the prosecution case itself, the petitioner allegedly fled away from the Bolero and was identified by the informant in the light of a torch. It is further submitted that nothing has been recovered from the possession of the petitioner and that he is not

Patna High Court CR. MISC. No.14678 of 2026(3) dt.18-04-2026 2/2

concerned with the said Bolero in any manner, as he is neither the owner nor the driver of the vehicle. It is also contended that the witnesses to the seizure list are police personnel and that there has been non-compliance with Section 105 of the BNSS. It is further submitted that the petitioner has criminal antecedents in five cases of a similar nature and is in custody since 06.01.2026.

5. Learned APP for the State has opposed the prayer

for bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhopatpur P.S. Case No. 123 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Motihari, East Champaran with the condition that the petitioner shall not indulge himself in similar nature of offence in near future.

(Ashok Kumar Pandey, J)

Jagdish/-

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