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Patna High Court

Jai Nath RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court granted bail to the petitioners subject to a bond of Rs. 10,000 and two sureties.

Summary

The petitioners, Jai Nath Rai and Lalbabu Kumar Chaudhary, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 40 litres of illicit country-made liquor. The prosecution alleged that the liquor was recovered from the petitioners' premises, while the petitioners claimed innocence, stating no incriminating material was found in their conscious possession. The petitioners had been in custody since 17 March 2026, with one having a prior criminal record and the other two. The State opposed the bail, but the court considered the facts, the period of custody, and the petitioners' antecedents. The court decided to grant bail, directing the petitioners to furnish a bail bond of Rs. 10,000 with two sureties of the same amount to the Special Excise Court, Saran. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioners' criminal antecedents.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33703 of 2026
                         Arising Out of PS. Case No.-134 Year-2026 Thana- PARSA District- Saran
                 ======================================================
           1.     Jai Nath Rai S/o Late Kapildev Rai @ Late Kapil Rai Resident of Village-
                  Parsauna, P.S.- Parsa, Dist.- Saran
           2.     Lalbabu Kumar Chaudhary S/o Krishna Chaudhary Resident of Village-
                  Parsauna, P.S.- Parsa, Dist.- Saran
                                                                      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Basant Kumar, Advocate
                 For the Opposite Party/s :       Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   24-06-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in connection with Parsa

                   P.S. Case No. 134 of 2026 registered for the offences punishable

                   under Sections 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case is that 40 liters of illicit

                   country made liquor was recovered from the premises of the

                   petitioners.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor. The
           Patna High Court CR. MISC. No.33703 of 2026(3) dt.24-06-2026
                                                       2/2




                     petitioners are in custody since 17.03.2026 and the petitioner no.

                     1 has one criminal antecedent and the petitioner no. 2 has two

                     criminal antecedent.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of learned 3 rd

                     Exclusive Special Excise Court, Saran at Chapra/concerned

                     Court in connection with Parsa P.S. Case No. 134 of 2026.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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