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Patna High Court

Shivji Rai @ Siwji RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, subject to a bond and conditions.

Summary

The petitioner, Shivji Rai, applied for regular bail in a case under Section 30(a) of the Excise Act where 10 litres of country-made liquor were seized near NH-19. He claimed innocence, arguing that the liquor was recovered from an open place and not from his possession, and that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act during the seizure. The State opposed the bail, citing the petitioner’s eleven prior criminal records and his continued custody since February 1, 2026. The court examined the facts, the alleged procedural lapses, and the petitioner’s antecedents, and decided to grant bail. He was released on a bail bond of Rs.10,000 with two sureties of the same amount, subject to a condition that he not commit a similar offence in the future.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 30(a) of the Excise Act.
  • Whether the seizure of the liquor complied with the mandatory provisions of Section 105 of the Bihar Narcotic Substances Act.
  • Impact of the petitioner’s prior criminal antecedents on the bail decision.

Legislation cited

Subjects

  • bail
  • Excise Act
  • seizure
  • police procedure
  • regular bail
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23427 of 2026
                        Arising Out of PS. Case No.-13 Year-2026 Thana- ISUAPUR District- Saran
                 ======================================================
                 Shivji Rai @ Siwji Rai S/O Chanar Rai @ Chandar Rai R/O Village- Lauwa,
                 P.S.- Isuapur, Distt.- Saran at Chapra.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rabindra Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 30 (a) of the

                   Excise Act.

                                3.     The case of the prosecution is that near NH-19

                   near a Pulia, altogether 10 liters of country made liquor was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   nothing has been recovered from the conscious possession of

                   this petitioner rather the same has been recovered from an open

                   place. It is further submitted that all the witnesses to the seizure
            Patna High Court CR. MISC. No.23427 of 2026(2) dt.16-04-2026
                                                        2/2




                      list are police personnel and the police have not complied the

                      mandatory provision of Section 105 of the BNS at the time of

                      seizure.     Moreover, the petitioner is languishing in judicial

                      custody since 01.02.2026 having 11 criminal antecedents.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Isuapur P.S. Case No. 13 of 2026 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Exclusive         Special     Excise      Court      No.   3,   Saran   at

                      Chapra/concerned Court, subject to the condition that the

                      petitioner shall not indulge in similar nature of offence in near

                      future.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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