Patna High Court
Dev Rai @ Rajdev RaiversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted because the alleged liquor was not recovered from the petitioner's possession and there was insufficient direct evidence linking him to the offence despite his antecedent cases.
Summary
The petitioner, Dev Rai, applied for bail in a criminal case under Section 30(a) of the Excise Act concerning the alleged recovery of 880 litres of liquor from two kilns. He argued that he was not arrested at the scene, that the liquor was not found in his possession, and that the premises did not belong to him, contending that his antecedent excise cases should not preclude bail. The State opposed the bail, relying on the seriousness of the offence and his prior record. The court examined the lack of direct possession and the fact that the recovery was from a public place, concluding that the prosecution had not established a strong link to the petitioner. Accordingly, the court ordered his release on regular bail upon furnishing a bond and sureties. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Excise Act given the alleged recovery of liquor and his prior convictions.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30
- liquor seizure
- criminal procedure
- antecedent convictions
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28710 of 2026
Arising Out of PS. Case No.-861 Year-2025 Thana- MANER District- Patna
======================================================
Dev Rai @ Rajdev Rai S/O Sohan Ray R/O Village- Chakiya Tola
Chhitnawan, P.S- Maner, District - Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases out of which two
cases are under the Excise Act and is in custody since
18.03.2026 and allegation is of recovery of 880 litres of liquor
from two different kiln.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large nor petitioner is the owner of
Patna High Court CR. MISC. No.28710 of 2026(2) dt.04-05-2026
2/2
the kiln and he came to be implicated since he has antecedent
under the Excise Act. It is next submitted that police in majority
of cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Special Excise Case No.2329 of 2025 arising
out of Maner P. S. Case No.861 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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