Patna High Court
Chhotelal RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The High Court granted bail to the petitioner, holding that the procedural deficiencies in the seizure and the principle of personal liability warranted release on bail.
Summary
Chhotelal Rai was arrested for alleged possession of one litre of country‑made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was not recovered from his possession, that the police failed to comply with Section 105 of the B.N.S.S. during the seizure, and that he had no prior criminal record. The trial court denied his bail application. On review, the Patna High Court noted the lack of compliance with statutory seizure requirements and the principle that criminal liability is personal, not vicarious, and consequently granted him regular bail on a bond of Rs.10,000 with two sureties, directing compliance with the Exclusive Special Excise Court. The court also criticized the trial court for not applying its mind to the bail petition.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with Section 105 of the B.N.S.S.
- Whether personal liability applies when the seized article is found in joint possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- excise law
- possession of illicit liquor
- Section 30
- personal liability
- seizure procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26778 of 2026
Arising Out of PS. Case No.-73 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Chhotelal Rai, Son of Late Dilip Rai, R/O Vill.- Dumaria Mathia, P.S.-
Chapra Muffasil, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwajeet Singh, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 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
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, one liter of country made liquor
was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for petitioner has submitted that nothing
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has been recovered from his possession. The witnesses of the
seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure. Petitioner
is having no criminal antecedent and he is languishing in
judicial custody since 21.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned 3 rd
Exclusive Special Excise Court, Saran at Chapra in connection
with Sadar Excise P.S. Case No. 73 of 2026.
7. Before parting, it is very disheartening to note that
even in the officers in the cadre of A.D.J. is not able to
appreciate that liability in criminal cases is personal not
vicarious. From the possession of this petitioner, only one liter
of country made liquor has been recovered and the learned trial
Court has rejected his prayer for bail without applying mind and
blatantly following the finding of the police that the recovery
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has been made from the joint possession. The trial Court should
introspect as to how he should exercise his jurisdiction and
discretion.
(Ashok Kumar Pandey, J)
lata/-
U T
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