Patna High Court
Shailendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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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