Patna High Court
Vijay Rai @ Swaminath Brijbala @ BrijbalaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Vijay Rai, was arrested in connection with the seizure of 4,924.8 liters of illicit liquor from a truck and charged under sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the truck, that his name was mentioned only on the basis of a chowkidar’s disclosure, and that no liquor was recovered from his possession. He further argued that the seizure list was prepared without any independent witness and that the police failed to comply with Section 105 of the Bihar Non‑Statutory Substitution while making the list. The State opposed his bail application. After hearing both sides, the court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Special Judge, Excise‑II, Samastipur.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the alleged offence under the Bihar Prohibition and Excise Act.
- Whether the alleged procedural lapses in preparing the seizure list (non‑compliance with Section 105 of BNSS) affect the bail decision.
- Whether the petitioner’s alleged lack of involvement with the seized liquor justifies denial of bail.
Legislation cited
- Bihar Non‑Statutory Substitution — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 41(1), 41(2)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- seizure procedure
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29908 of 2026
Arising Out of PS. Case No.-137 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Vijay Rai @ Swaminath Brijbala @ Brijbala S/o Late Suresh Ray Resident of
Village- Dudhpura, Ward No 04, PS- Muffasil, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 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 sections 30(a), 41(1)
41(2) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a truck,
altogether 4924.8 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. The name of
this petitioner has transpired on the basis of disclosure made by
local chowkidar. He is neither the owner nor the driver of the
Patna High Court CR. MISC. No.29908 of 2026(2) dt.07-05-2026
2/2
said truck. He has no concern with the alleged recovery. There is
no independent witness of the seizure list rather they are police
personnel. Police has not followed Section 105 of BNSS while
preparing the seizure list. Moreover, he is languishing in judicial
custody since 05.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 released on bail in connection with
Mufassil P.S. Case No. 137 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise-II, Samastipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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