Nand Kishore Rai @ Nanhe Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27923 of 2026 Arising Out of PS. Case No.-179 Year-2026 Thana- DUMRA District- Sitamarhi ====================================================== 1.
Nand Kishore Rai @ Nanhe Rai S/O Jay Narayan Ray R/O village- Lagma ward no. 6, P.S. - Dumra, Dist. -Sitamarhi 2.
Chulhai Kumar S/O Ajod Mahto R/O village- Lagma ward no. 6, P.S. - Dumra, Dist. -Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-04-2026 Heard Mr. Santosh Kumar, learned counsel for the petitioners and Mr. Madan Kumar, learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since 17.03.2026 in connection with Dumra P.S. Case No. 179 of 2026, F.I.R. dated 16.03.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 104.25 liters of foreign liquor.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.27923 of 2026(2) dt.27-04-2026 2/3 recovered from the conscious possession of the petitioners rather the recovery has been made from pick-up van in question and petitioners have no concern at all with the alleged recovery of liquor or the pick-up van in question. He further submits that seizure list witnesses are police personnel and there is noncompliance of Section 103 and 105 of BNSS and the petitioners are in custody since 17.03.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances, let the petitioners, above named, 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 the learned Exclusive Special Excise Court no.1, Sitamarhi in connection with Dumra P.S. Case No. 179 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 reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.27923 of 2026(2) dt.27-04-2026 3/3 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) Suruchi/- U T