Patna High Court

Jaikant Rai @ Jay Kant RayversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted regular bail to the petitioner upon furnishing a bond of Rs.5,000 with two sureties.

Summary

Jaikant Rai was arrested in connection with the recovery of 330 litres of liquor and two motorcycles from a house belonging to Ramakant Rai, alleged to be a joint family property. He faces charges under Sections 414 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner, who has 39 prior cases (27 under the Excise Act), argued that he was not arrested at the spot, had no conscious possession of the liquor, and that the property was jointly owned, making it uncertain that he stored the liquor. The State opposed the bail, citing the seriousness of the offences and the petitioner’s criminal antecedents. The Court considered the submissions and directed that the petitioner be released on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The order was pronounced by Justice Satyavrat Verma of the Patna High Court.

Issues considered

Whether bail should be granted to the accused despite multiple prior cases and the nature of the offences under IPC and the Bihar Prohibition Act
Whether the seizure of liquor from a joint family property implicates the accused as possessing the contraband
Whether the lack of arrest at the spot and absence of conscious possession affect the bail decision

Legislation cited

Indian Penal Code — s. 34, 414

Subjects

bail
Indian Penal Code
Bihar Prohibition Act
excise
joint family property
prior criminal record
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13182 of 2026
                      Arising Out of PS. Case No.-62 Year-2020 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Jaikant Rai @ Jay Kant Ray S/o- Sanjivan Rai Sukumarpur, P.S- Rustampur
                 O.P., P.O- Jahangirpur, District- Vaishali, and presently R/O Locality -
                 Baglodan Gali Mangal Talab, P.S. Chowk, District - Patna
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravish Mishra, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 414/34 of the Indian Penal

                   Code as well as Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of thirty-nine cases out of which

                   twenty-seven cases are under the Excise Act and is in custody

                   since 06.12.2025 and allegation is of recovery of 330 litres of

                   liquor from the house of Ramakant Rai and two motorcycles

                   were seized.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was
           Patna High Court CR. MISC. No.13182 of 2026(2) dt.16-04-2026
                                                       2/2




                     recovered from his conscious possession. It is further submitted

                     that petitioner came to be implicated based on the secret

                     information which is the easiest way to implicate someone. It is

                     next submitted that petitioner is not the owner of any of the

                     seized vehicles but then the house from where the liquor was

                     recovered is a joint family property, hence, it cannot be alleged

                     with certainty that it was the petitioner who had kept the liquor

                     in the house or the liquor kept in the house was within his

                     knowledge. It is also submitted that charge-sheet against the

                     petitioner has been submitted in this case.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Raghopur (Rustampur O.P.) P.S. Case No. 62 of 2020.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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