Patna High Court
Shivji Rai @ Siwji RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances Act — s. 105
- Excise Act — s. 30(a)
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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