Patna High Court
Devendra RaiversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Devendra Rai, was arrested in connection with the alleged recovery of 6,600 litres of spirit and 224.64 litres of liquor from a truck, offenses under Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that he was not arrested at the spot, had no conscious possession of the seized goods, and was not the owner of the vehicle, which he claimed was sold to him on a non‑judicial stamp paper. The State opposed his regular bail application. The Court considered the lack of direct possession, the circumstances of the alleged sale, and the fact that the petitioner had been in custody since 24‑03‑2026. Finding no compelling reason to deny bail, the Court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail was directed to be granted to the satisfaction of the trial court where the case is pending.
Issues considered
- Whether bail should be granted to the petitioner in a case involving alleged illegal possession of large quantities of spirit and liquor under the Bihar Prohibition and Excise (Amendment) Act, 2018.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(ii), 41(i)
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33409 of 2026
Arising Out of PS. Case No.-115 Year-2021 Thana- BALIGAON District- Vaishali
======================================================
Devendra Rai Son of Pragas Rai @ Pragas Ray R/O Vill.- Basudeopur
Chapra, P.S. - Minapur, Dist - Muzaffarpur
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. 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
offences punishable under Sections 30(a), 32(ii) and 41(i) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 6600 litres of spirit and 224.64 litres of liquor from
a truck.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated at the instance of the owner of the vehicle,
namely, Umesh Mahto who disclosed that he has sold the
Patna High Court CR. MISC. No.33409 of 2026(2) dt.15-05-2026
2/2
vehicle to the petitioner but then by placing reliance on a non-
judicial stamp paper. It is next submitted that sale and purchase
of the vehicle is not done in the manner as being portrayed by
Umesh Mahto. It is also submitted that petitioner is in custody
since 24.03.2026.
5. Learned A.P.P. for the State vehemently opposes
the prayer for regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on furnishing
bail bonds of Rs.5,000/- (Rupees Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with
Baligaon P.S. Case No. 115 of 2021.
(Satyavrat Verma, J)
Kundan/-
U T
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