Patna High Court
Sujit Rai @ Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of prima facie evidence linking the petitioner to the recovered illicit liquor, bail must be granted.
Summary
Sujit Rai was arrested in connection with Excise P.S. Case No. 132 of 2026 for alleged illegal manufacturing and trading of illicit liquor, with 5,296.68 litres of IMFL recovered from three vehicles. The petitioner’s counsel argued that his name appeared only on the basis of suspicion and secret information, and that there was no prima facie evidence linking him to the recovered liquor. The State opposed the bail application. The High Court observed that the recovery did not appear to be from the petitioner’s conscious physical possession and that the prosecution had not established a prima facie case. Consequently, the Court directed that the petitioner be released on bail of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS, within four weeks of the order.
Issues considered
- Whether the petitioner is prima facie implicated in offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether bail can be granted in the absence of such prima facie evidence under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- bail
- excise
- illicit liquor
- prima facie
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19501 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Sujit Rai @ Sujit Kumar S/O Suresh Rai R/O Village- Madhuban Kanti, P.S-
Kanti, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyesh Kumar, Advocate
For the Opposite Party/s : Mr.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. The accused/petitioner apprehending his
arrest in connection with Excise P.S. Case No. 132 of 2026
registered for the offences punishable under Sections 30(a),
32(3) of Bihar Prohibition and Excise Act (Amended Act
2018/2022).
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 5296.680 litres of IMFL/country
made liquor from three vehicles.
4. Learned counsel appearing on behalf of the
petitioner submitted that name of petitioner appears in this
case during the course of investigation on the basis of
Patna High Court CR. MISC. No.19501 of 2026(2) dt.31-03-2026
2/2
suspicion and secret information, where nothing surfaced as
to implicate petitioner, prima facie, with the present recovery
of illicit liquor.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and
circumstances as recovery of illicit liquor prima facie not
appears to be made from the conscious physical possession
of this petitioner, accordingly, above named petitioner, in
the event of his arrest or surrender before the learned trial
Court, within a period of four weeks of the order, is directed
to be released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special
Judge Excise-II, Muzaffarpur/concerned Court, where the
case is pending in connection with Excise P.S. Case No. 132
of 2026, subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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