Patna High Court
Ram Udgar SafiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, finding that the lack of constructive possession and his clean antecedent warranted relief.
Summary
Ram Udgar Safi applied for anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging he was involved in transporting illegal liquor. Police seized 510 bottles of Nepali Desi wine from an e‑rickshaw (Reg. No. BR32ER‑3785) that the petitioner claims belongs to him, stating he was away having lunch at the time of the raid and that no driver or owner was present. The petitioner argued that the seizure was conducted without following the procedures prescribed under the B.N.S.S. Act, 2023, and that the liquor was not recovered from his constructive possession. The State opposed the bail, but the court noted the petitioner’s clean antecedent and the lack of constructive possession. Consequently, the court granted anticipatory bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when the seized liquor is not in the petitioner’s constructive possession.
- Whether procedural lapses in the seizure under the B.N.S.S. Act, 2023 justify granting anticipatory bail.
- Applicability of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 to the petitioner’s alleged conduct.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- constructive possession
- clean antecedent
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11711 of 2026
Arising Out of PS. Case No.-378 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Ram Udgar Safi Son of Fudar Safi Resident of Village- Dulipatti, P.S.-
Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Madhubani Sadar Excise P.S. Case No.378 of
2025, F.I.R dated 19.10.2025 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act, 2016.
3. As per the prosecution case, the informant, Indra
Mani, submitted a written complaint to the S.H.O. of the Excise
Prohibition Office, Madhubani, on 19.10.2025, based on which
an FIR was lodged against the petitioner. Acting on secret
information that a three-wheeler (Reg. No. BR32ER-3785) was
transporting illegal liquor from Laherisarai to the bus stand, the
police team conducted a raid near Malgodam Bus Stand at about
Patna High Court CR. MISC. No.11711 of 2026(2) dt.17-02-2026
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10:20 A.M. They found the e-rickshaw abandoned on the
roadside with nine bags on the seat. As no driver or owner was
found and no local person agreed to be a seizure witness, two
police personnel were made witnesses. Upon search, 510 bottles
(300 ml each) of Nepali Desi wine, totaling 153 liters, were
recovered. The seized liquor and the vehicle were taken to the
police station and handed over to the S.H.O.
4. Learned counsel for the petitioner submits that the
recovery is said to have been made from a three wheeler e-
rickshaw bearing Reg. No.BR32ER-3785 and the said vehicle
belongs to the petitioner. It is the case of the petitioner that he
had gone to have lunch at a nearby Hotel and during the said
period, the recovery is shown to have been made. The search
and seizure is said to have been made without adhering to the
procedures / provisions prescribed under the B.N.S.S. Act. The
petitioner has clean antecedent, is a man of means and is earning
his livelihood by running e-rickshaw.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and the
Patna High Court CR. MISC. No.11711 of 2026(2) dt.17-02-2026
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petitioner has clean antecedent, accordingly, this Court is
inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise Act, Madhubani, in
connection with Madhubani Sadar Excise P.S. Case No.378 of
2025 subject to the condition as laid down under Section 482(2)
of the B.N.S.S., 2023.
(Ajit Kumar, J)
sharun/-
U T
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