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Patna High Court

Devendra RaiversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

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

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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