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Patna High Court

Shailendra RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as no incriminating article was recovered from his possession and the circumstances warranted release.

Summary

The petitioner, Shailendra Rai, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 135 litres of illicit country-made liquor recovered from a river bank. The prosecution’s case relied on a chowkidar’s disclosure, but no liquor was found in the petitioner’s possession. The petitioner argued that he was falsely implicated and had been in custody since 10‑12‑2025 without any incriminating material. The court noted that the alleged liquor was recovered from an open place accessible to all and that no direct evidence linked the petitioner to the contraband. Considering the lack of seized material and the length of custody, the court allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of the absence of incriminating material in his possession.

Legislation cited

Subjects

  • bail
  • prohibition act
  • illicit liquor
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3176 of 2026
                        Arising Out of PS. Case No.-692 Year-2024 Thana- SONEPUR District- Saran
                 ======================================================
                 Shailendra Rai Son of Amir Rai Resident of Village- Baburbani, P.S.-
                 Sonepur, District- Saran at Chapra (Bihar)

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Dewendra Narayan Singh, Advocate
                 For the State            :        Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   01-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. As per prosecution case, 135 liters of illicit country

                   made liquor was recovered from bank of river.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   No incriminating article has been recovered from conscious

                   possession of this petitioner and he has falsely been implicated

                   in this case merely on the basis of disclosure made by local

                   Chowkidar. The alleged illicit liquor has been recovered from
             Patna High Court CR. MISC. No.3176 of 2026(4) dt.01-05-2026
                                                         2/2




                       an open place, which is accessible to one and all. Moreover,

                       charges have already been framed against the petitioner on

                       01.04.2026 and he is in custody since 10.12.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, fact that no incriminating article has been recovered from

                       possession of this petitioner and period of custody, the prayer

                       for grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

                       released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned 2nd Exclusive Special Excise Judge, Saran

                       at Chapra in connection with Sonepur P.S. Case No. 692 of

                       2024.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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