CR. MISC./25473/2026 of Satendra Rai @ Satendray Ray Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25473 of 2026
Arising Out of PS. Case No.-198 Year-2026 Thana- SONEPUR District- Saran
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1. Satendra Rai @ Satendray Ray S/o Rambadan Ray R/O Village- Baburbani,
P.S- Sonepur, Dist- Saran
2. Saral Rai @ Ranjeet Kumar Rai S/o Rambadan Ray R/O Village- Baburbani,
P.S- Sonepur, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s: Mr. Md. Shakir Ahmad, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Sanjeet Kumar Singh, learned counsel
for the petitioners and Mr. Md. Shakir Ahmad, learned
Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since
17.03.2025 in connection with Sonepur P.S. Case No. 198/2026,
F.I.R. dated 27.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 430 liters of country made liquor.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. He further submits that it appears from the
Patna High Court CR. MISC. No.25473 of 2026(2) dt.16-04-2026
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F.I.R. as well as seizure list that nothing has been recovered
from the conscious possession of the petitioners rather the
recovery has been made from bush and the petitioners have been
made accused merely on the basis suspicion. The seizure list
witnesses are police personnel and there is non-compliance of
Sections 103 and 105 of the BNSS. He further submits that the
police after investigation submitted the charge sheet against the
petitioners. 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 and
submits that petitioner no. 1 has seven criminal antecedents
whereas the petitioner no. 2 has three criminal antecedent but
fairly submits on the basis of paragraph-3 of the bail application
that the petitioners are on bail in the said matter.
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) each with
two sureties of the like amount each to the satisfaction of the
learned court of 2 nd Exclusive Special Excise Judge, Saran at
Chapra in connection with Sonepur P.S. Case No. 198/2026,
subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bonds shall be cancelled by the Court below.
ii. If the petitioners tampers 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 his
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.
atul/-
(Rajesh Kumar Verma, J)
U T