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Patna High Court

Chhotelal RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.26778 of 2026(2) dt.22-04-2026
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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
             Patna High Court CR. MISC. No.26778 of 2026(2) dt.22-04-2026
                                                         3/3




                       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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