Mintu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16118 of 2026 Arising Out of PS. Case No.-126 Year-2026 Thana- DARIYAPUR District- Saran ====================================================== 1.
Mintu Rai son of Baban Rai Resident Of Village- Dighra Police StationParsa District -Saran 2.
Niranjan Kumar singh @ Niranyan Kumar son of Late Ramayodhya Singh Resident Of Village- Parsadi, Police Station- Parsa District -Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mili Kumari, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-03-2026 Heard Ms. Mili Kumari, learned counsel for the petitioners and Ms. Shaheen Begum, learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since 12.02.2026 in connection with Dariyapur P.S. Case No. 126 of 2026, F.I.R. dated 11.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 60 liters of country made liquor.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. It appears from the F.I.R as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.16118 of 2026(2) dt.12-03-2026 2/3 conscious possession of the petitioners rather the recovery of total 60 liters of country made liquor has been made from the car in question and petitioners are not the owner of the said vehicle in question. She further submits that there is noncompliance of Section 103/105 of the BNSS, 2023. The petitioners are in custody since 12.02.2026.
5 Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances that the petitioners have clean antecedent, nothing has been recovered from the conscious possession of the petitioners and there is non-compliance of Section 103/105 of the BNSS, 2023, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-I, Saran Chapra in connection with Dariyapur P.S. Case No. 126 of 2026, subject to the following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.16118 of 2026(2) dt.12-03-2026 3/3 reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T