Patna High Court
Jagarnath RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner was not in conscious physical possession of the recovered liquor and therefore granted bail subject to conditions.
Summary
Jagarnath Ray was named in an FIR for alleged illegal manufacturing and trading of illicit liquor, with 1013.25 litres of IMFL recovered from an open bamboo grove behind a third party's house. The petitioner argued that the liquor was not in his conscious physical possession, as it was recovered from a public area. The State opposed bail, citing the seriousness of the excise offences and the petitioner's involvement in three other criminal cases. The court examined whether the recovery constituted prima facie possession sufficient to deny bail. Finding that the liquor was not in the petitioner's direct possession, the court directed that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the recovery of illicit liquor from a public area establishes conscious physical possession by the petitioner for bail purposes
- Whether bail can be granted under Section 482(2) of the BNSS despite the nature of the excise offences
- Whether the petitioner's involvement in other criminal cases affects the grant of bail
Legislation cited
- BNSS — s. 482(2)
- Excise Act, 2022 — s. 30(a), 41(1)
Subjects
- bail
- excise law
- illicit liquor
- possession
- Section 30 Excise Act
- Section 41(1) Excise Act
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26799 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- MOTIPUR District- Muzaffarpur
======================================================
Jagarnath Ray S/o Sukhdev Ray R/o Village - Pachrukhi Mahammadpur
Balmi, P.S - Motipur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyesh Kumar
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 08-06-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Motipur P.S. Case
No. 79 of 2026 registered for the offences punishable under
Section 30(a), 41(1) of Excise Act, 2022.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 1013.250 litres of IMFL/country
made liquor.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that recovery of alleged illicit liquor
was made from an open field like Bamboo grove, behind the
house of the Amar Kumar, which is accessible by general
public, where nothing recovered from the conscious physical
Patna High Court CR. MISC. No.26799 of 2026(4) dt.08-06-2026
2/2
possession of this petitioner. Petitioner found involved in
three more criminal cases where he is on bail.
5. Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of alleged illicit liquor prima-
facie not appears to be made from the conscious physical
possession of the petitioner, accordingly petitioner above-
named, in the event of his arrest or surrender before the
court below within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Spl. Judge
Excise II, Muzaffarpur /concerned Court, where the case is
pending in connection with Motipur P.S. Case No. 79 of
2026 , subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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