Patna High Court
English Rai @ Umesh RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a), 30(d), 32(1)
- BNSS — s. 105
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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