Patna High Court

Rajesh UrawversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and sureties, under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Rajesh Uraw, applied for anticipatory bail after a police raid at his joint house recovered 15 litres of illicit country‑made liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. The prosecution’s case was based on secret information and the testimony of a local watchman, but no liquor was found in the petitioner’s conscious or constructive possession. The petitioner argued that he was innocent, had no prior criminal record, and that the recovery was from a house he shared, not from his personal control. The State opposed the bail, contending that the offence was cognizable. Considering the lack of direct possession and the joint‑house circumstance, the Court exercised its inherent powers under Section 482(2) of the B.N.S.S., 2023 and granted anticipatory bail subject to a bond of Rs 10,000 and two sureties. The order directs the petitioner to surrender within four weeks if arrested, to the Exclusive Special Excise Judge, Bhagalpur.

Issues considered

Whether anticipatory bail can be granted when illicit liquor is recovered from a joint residence and not from the petitioner's constructive possession
Whether Section 482(2) of the B.N.S.S., 2023 empowers the court to discharge the petitioner pending trial

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
constructive possession
illicit liquor
Section 30(a)
Section 482(2)
Bihar Prohibition and Excise Amendment Act
B.N.S.S. 2023
joint house

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17700 of 2026
                     Arising Out of PS. Case No.-589 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Rajesh Uraw S/O Late Mahesh Uraw R/O Vill.- Balli Tikar, P.S.- Pirpainti,
                 Dist.- Bhagalpur
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Niranjan Parihar
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-03-2026                        Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Pirpainti P.S. Case No.589 of 2025, F.I.R dated

                   25.12.2025 registered for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition and Excise Amendment

                   Act, 2016.

                                3. As per the prosecution case, on the basis of secret

                   information, police conducted a raid at the house of the

                   petitioner and recovered 15 liters of country made liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent. It is further submitted that the recovery

                   was made from the joint house of the petitioner and he was not

                   apprehended on the spot. The name of the petitioner has

                   surfaced only on the basis of the statement of local chaukidar.

                   There has been no recovery of liquor from the conscious/
               Patna High Court CR. MISC. No.17700 of 2026(2) dt.25-03-2026
                                                           2/2




                         constructive possession of the petitioner. Lastly, it is submitted

                         that the petitioner has no criminal antecedents.

                                      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/ conscious possession

                         of the petitioner and the recovery has been made from a joint

                         house, 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 Excise Judge IInd, Bhagalpur, in

                         connection with Pirpainti P.S. Case No.589 of 2025 subject to

                         the condition as laid down under Section 482(2) of the B.N.S.S.,

                         2023.



                                                                       (Ajit Kumar, J)
shikha/-

U          T

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