Patna High Court
Manager Rai @ Manajer RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, finding the seizure procedurally defective and no direct possession established.
Summary
The petitioner sought anticipatory bail after being implicated in a case (Dighwara PS Case No.453 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving 200 litres of illicit liquor. The prosecution claimed seizure of the liquor at Shankarpur Diara on a river bank, but the petitioner argued he was not apprehended on the spot, the seizure was not from his conscious possession, and the search‑seizure memo lacked signatures of two independent witnesses, casting doubt on its legality. The State opposed the bail, contending the offence was established. The Court examined the procedural defects in the seizure and noted the absence of direct possession, concluding that the petitioner’s liberty could be protected. Accordingly, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties of equal amount, and conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the seizure of illicit liquor was lawful given the lack of independent witness signatures on the search‑seizure memo.
- Whether the petitioner’s arrest is justified in the absence of apprehension on the spot and recovery from his conscious possession.
- Whether anticipatory bail should be granted under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita in the circumstances.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- search and seizure
- illegal liquor
- Section 30(a)
- Section 482(2)
- Bihar Prohibition and Excise Act
- Bhartiya Nagarik Suraksha Sanhita
- bail conditions
- independent witnesses
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17263 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Manager Rai @ Manajer Rai S/o- Madan Rai @ Madan Ray Village-
Habaspur Phutani Bazar PS- Shahpur District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas, Adv.
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Dighwara P.S. Case No.453 of 2025 registered for the
offence under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per prosecution case, there is recovery of 200
liters of illicit liquor and 2000 liters liquor has been destroyed
on the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence and he has
falsely been implicated in this case. Learned counsel for the
petitioner further submits that petitioner has not been
apprehended on the spot and no recovery has been made from
the conscious physical possession of the petitioner. Further
Patna High Court CR. MISC. No.17263 of 2026(2) dt.25-03-2026
2/3
submits that the recovery has been made from Shankarpur Diara
Area on the bank of river. Learned counsel for the petitioner
next submits that the search and seizure memo is not signed by
two independent witnesses, which puts a question mark on the
validity of the seizure.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that petitioner has not been
apprehended on the spot and no recovery has been made from
the conscious physical possession of the petitioner. In fact the
recovery has been made from Shankarpur Diara Area on the
bank of river. Further taking into account that the search and
seizure memo is not signed by two independent witnesses,
which puts a question mark on the legality and validity of the
seizure itself. Under these circumstances, this Court is inclined
to grant privilege of anticipatory bail to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional
Patna High Court CR. MISC. No.17263 of 2026(2) dt.25-03-2026
3/3
Sessions Judge-cum-Exclusive Special Court Excise Act, I,
Saran at Chapra, in connection with Dighwara P.S. Case No.453
of 2025, subject to the conditions laid down under Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
Checking your session…