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Patna High Court

Vijay Rai @ Swaminath Brijbala @ BrijbalaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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