Patna High Court
Devansh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted as the petitioner was not found in conscious possession of the contraband and had no prior criminal record, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Devansh Rai, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 19.8 litres of illicit foreign liquor were seized from a motorcycle he allegedly owned. He contended that the seizure was made from an abandoned location and that he was not in conscious possession of the liquor, also pointing out his clean criminal record. The State opposed his request for anticipatory bail. The court examined the facts, noting the lack of direct possession and the petitioner’s antecedent‑free background, and considered the procedural safeguards under Section 482(2) of the B.N.S.S. The court granted anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties of equal amount, and imposed conditions as per the statutory provision.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with the provisions of Section 103 of the B.N.S.S. and thus justifies denial of bail.
Legislation cited
- B.N.S.S. — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- search and seizure
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23666 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- GUTHANI District- Siwan
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Devansh Rai Son of Late Lalbabu Rai Resident Of Village - Kurmauta Ps-
Balia, Dist- Balia, UP
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
in connection with Guthani P.S. Case No. 27 of 2026 dated
15.01.2026 registered for the offences punishable under Section
30(a) of Bihar Prohibition and Excise Act.
3. As per the allegation, altogether 19.800 litres of
illicit foreign liquor was recovered from a motorcycle. The
petitioner is alleged to be the owner of the motorcycle.
4. Learned counsel for the petitioner has submitted
that petitioner was not apprehended at the spot and nothing has
been recovered from the conscious possession of the petitioner.
The recovery was made from a place which was in abandoned
state. It has further been submitted that search and seizure is in
Patna High Court CR. MISC. No.23666 of 2026(2) dt.22-04-2026
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violation of Section 103 of B.N.S.S. It has further been
submitted that petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record, let the
above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail-bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of the learned court concerned, Siwan in
connection with Guthani P.S. Case No. 27 of 2026, subject to
conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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