Shailendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3176 of 2026 Arising Out of PS. Case No.-692 Year-2024 Thana- SONEPUR District- Saran ====================================================== Shailendra Rai Son of Amir Rai Resident of Village- Baburbani, P.S.- Sonepur, District- Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Dewendra Narayan Singh, Advocate For the State :
Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 135 liters of illicit country made liquor was recovered from bank of river.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on the basis of disclosure made by local Chowkidar. The alleged illicit liquor has been recovered from
Patna High Court CR. MISC. No.3176 of 2026(4) dt.01-05-2026 2/2 an open place, which is accessible to one and all. Moreover, charges have already been framed against the petitioner on 01.04.2026 and he is in custody since 10.12.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, fact that no incriminating article has been recovered from possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Sonepur P.S. Case No. 692 of 2024.
(Prabhat Kumar Singh, J) shashank/- U T