Brajesh Rai v. The State of Bihar
Court: Patna High Court
Bench: MR. JUSTICE R. P. MISHRA
Judgment date:
Case summary
Patna High Court judgment dated 2025-12-10. Brajesh Rai v. The State of Bihar. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 85088 of 2025 Arising Out of PS. Case No. -182 Year-2025 Thana- EXCISE MADHUBAN District- East Champaran ====================================================== Brajesh Rai Son of Vidyanand Rai @ Vidha Ray Resident of Village - Fajilpur, P. S. - Rajepur, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv Mr. Harsha Shashwat, Adv For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Excise Madhuban P. S. Case No.
182 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 179. 280 liters of foreign liquor was recovered from in front of the petitioner’s house. 4. 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 Patna High Court CR. MISC. No. 85088 of 2025(2) dt. 10-12-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the recovery is made from an open place, which is accessible to one and all. It is further submitted that local chaukidar disclosed the name of the petitioner. The petitioner is in custody since 26. 09. 2025 and has got one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5.
Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. 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. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Madhuban P. S. Case No. 182 of 2025. (Rudra Prakash Mishra, J) krishnakant/- U T
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