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Patna High Court

English Rai @ Umesh RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties.

Summary

The petitioner, English Rai, was arrested in connection with a 2018 case alleging possession of 220 litres of illicit country-made liquor, violating Sections 30(a)(d) and 32(1) of the Bihar Prohibition and Excise Act. The petitioner contended that no liquor was recovered from his possession, the seizure was made from an open place, and the police failed to comply with Section 105 of the BNSS during the seizure. He had been in judicial custody since 22 January 2026 and sought bail. The State opposed the bail application. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear in the trial court on all dates.

Issues considered

  • Whether bail should be granted to a person accused under Sections 30(a)(d) and 32(1) of the Bihar Prohibition and Excise Act.
  • Whether the alleged non‑compliance with Section 105 of the BNSS in the seizure process warrants denial of bail.
  • Whether the petitioner’s continued judicial custody is justified pending trial.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • Section 105 BNSS
  • judicial custody
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31599 of 2026
                    Arising Out of PS. Case No.-483 Year-2018 Thana- BAKHTIYARPUR District- Patna
                 ======================================================
                 English Rai @ Umesh Rai S/o Degan Rai R/o Vill. - Chiaiya, P.S. -
                 Bakhtiyarpur, District. - Patna.
                                                                   ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rudal Singh, Advocate
                 For the Opposite Party/s :      Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bakhtiyarpur P.S. Case No.483 of 2018 registered for the

                   offence punishable under Sections 30(a)(d) and 32(1) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from

                   the bank of river Chiraiya Tal area altogether 220 litres of illicit

                   country made liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of this petitioner. It has further been submitted

                   that recovery has been made from an open place. It has been

                   submitted that one Nanhak Rai was apprehended who has

                   disclosed the name of this petitioner. It has further been
            Patna High Court CR. MISC. No.31599 of 2026(2) dt.13-05-2026
                                                        2/2




                      submitted that the witnesses of the seizure list are police

                      personnel and police have not complied Section 105 of the

                      BNSS while making seizure. It has further been submitted that

                      the petitioner is in judicial custody since 22.01.2026.

                                   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 Judge, Excise, Barh (Patna), in connection

                      with Bakhtiyarpur P.S. Case No.483 of 2018.

                                   7. Since this is a case of year 2018, the petitioner is

                      directed to co-operate in the trial and shall remain physically

                      present on each and every date in the learned trial court.



                                            (Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-

U      T


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