Patna High Court
Ajay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a bond of ₹30,000 and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Ajay Rai was apprehended for alleged possession of 110 litres of illicit liquor recovered from a scooty, which the petitioner claims does not belong to him. The prosecution’s case rests on a confessional statement of a co-accused, with no material linking the liquor to the petitioner’s conscious possession. The petitioner asserted innocence, a clean criminal record, and argued that the recovery was not from his possession. The State opposed bail, but the court considered the lack of direct evidence and the petitioner’s clean antecedent. Accordingly, the court ordered bail on a bond of ₹30,000, subject to conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 where the only evidence is a co-accused’s confessional statement.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- illicit liquor
- prohibition act
- confessional statement
- clean antecedent
- excise
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24964 of 2026
Arising Out of PS. Case No.-383 Year-2025 Thana- PIRBAHOR District- Patna
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Ajay Rai S/O Mani Rai R/O Naya Tola, P.S.- Pirbahore, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mithilesh Kr. Arya, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 29-04-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Pirbahore P.S. Case No. 383 of 2025 registered on
18.05.2025 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 110 liters
illicit liquor, loaded on a scooty, is the subject matter of the
present case.
4. It is submitted by learned counsel for the petitioner
that the petitioner is innocent and has committed no offence. It
is contended that no recovery has been made from the conscious
possession of the petitioner; rather, the alleged recovery has
been shown from a scooty which does not belong to the
Patna High Court CR. MISC. No.24964 of 2026(2) dt.29-04-2026
2/2
petitioner. Learned counsel further submits that the name of the
petitioner has surfaced in the present case solely on the basis of
the confessional statement of a co-accused, and apart from the
same, there is no incriminating material against the petitioner. It
is also submitted that the petitioner has a clean criminal
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,
Excise-II, Patna, in connection with the aforementioned case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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