Patna High Court
Brijnandan RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Brijnandan Rai, was arrested in connection with the seizure of 509.76 litres of illicit foreign liquor, alleged under Sections 30(a), 32 and 41(1) of the Bihar Prohibition & Excise Act. He contended that no liquor was found in his possession and that his name was merely disclosed by the apprehended individuals, asserting no prior criminal record. The State opposed bail, citing the seriousness of the offence. After hearing both sides, the Court considered the lack of direct possession and the petitioner’s clean record, and decided to grant bail. He was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 32 and 41(1) of the Bihar Prohibition & Excise Act when the seized liquor was not found in his possession.
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27316 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- KESARIA District- East Champaran
======================================================
Brijnandan Rai Son of Akhileshwar Rai Resident of Village- Kadhan Ward
No. 9, P.S.- Kesariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Kesariya P.S. Case No.111 of 2026 registered for the
offence punishable under Sections 30(a), 32 and 41(1) of the
Bihar Prohibition & Excise Act.
3. The case of the prosecution, in short, is that from
a bamboo clamp 354.240 litres of illicit foreign liquor and from
a Bolero vehicle 155.52 litres of foreign liquor altogether
509.760 of foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
possession of the petitioner. The name of this petitioner has been
disclosed by the apprehended persons. Petitioner is having no
Patna High Court CR. MISC. No.27316 of 2026(2) dt.23-04-2026
2/2
criminal antecedent. He is in judicial custody since 09.03.2026.
5. The application for bail is opposed by learned
APP for the State.
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 court of learned
Exclusive Special Excise Court No. 3, Motihari, East
Champaran, in connection with Kesariya P.S. Case No. 111 of
2026.
(Ashok Kumar Pandey, J)
khushbu/-
U T
Checking your session…