Sandeep Rai v. The State of Bihar

Patna HC12 Jan 2026CR. MISC./91114/2025

Case brief

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What is this about?

Patna High Court bail order dated 12-01-2026 by Justice Rudra Prakash Mishra in Criminal Miscellaneous No.91114 of 2025 arising out of Baikunthpur PS Case No. 390 of 2025, District Gopalganj; offence under Section 30(a) Bihar Prohibition and Excise Act; 1442.88 liters liquor recovered from truck; petitioner in custody since 11.10.2025 with one criminal antecedent; contention of no conscious possession and non-compliance of Section 103 BNSS 2023; bail allowed on bonds of Rs.15,000/- with two like sureties; advocates Gaurav Prakash (petitioner) and Gulnar Begum APP (State).

What did the court decide?

Release 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 Baikunthpur PS Case No. 390 of 2025. ¶¶20

Sandeep Rai Vs The State of Bihar — Patna HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91114 of 2025

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Arising Out of PS. Case No.-390 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj

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

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Sandeep Rai S/o Jhagaru Rai @ Jhagaru Ray R/o Village- Teruaa (Teinrua), P.S- Baikunthpur, Dist- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Gaurav Prakash, Advocate For the Opposite Party/s : Ms. Gulnar Begum, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 12-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in connection with Baikunthpur PS Case No. 390 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act.

¶14

The prosecution case, in short, is that 1442.88 liters liquor was recovered from truck.

¶15

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 that name of the petitioner has surfaced in this case as being co-

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Patna High Court CR. MISC. No.91114 of 2025(2) dt.12-01-2026 2/2

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driver of the vehicle in question and he was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 11.10.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

¶18

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

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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.

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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 Baikunthpur PS Case No. 390 of 2025.

¶21

(Rudra Prakash Mishra, J)

¶22

Raj Kishore/-

¶23

U T

Sandeep Rai v. The State of Bihar

Case brief

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Sandeep Rai v. The State of Bihar

Case brief

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