Patna High Court
Yamuna RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner as the illicit liquor was not recovered from his conscious possession.
Summary
The petitioner, Yamuna Rai, was arrested in connection with the recovery of five litres of illicit country-made liquor under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The liquor was seized from a bag, but no incriminating article was found in the petitioner's conscious possession. The petitioner claimed innocence and applied for bail, having been in custody since 31 March 2026. The State opposed the bail, but the court noted the lack of possession and, considering the circumstances, inclined to grant bail. Accordingly, the court ordered the petitioner’s release on a bail bond of Rs. 10,000 with two sureties, emphasizing that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted when the alleged contraband is not recovered from the accused's conscious possession
- Whether the provisions of section 30(a) of the Bihar Prohibition and Excise (Amendment) Act justify continued detention
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34051 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Yamuna Rai Son of Late Dhaneshwar Rai Resident of Village -
Bishambharpur Chintamanganj, P.S.- Garkha, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Sadar Excise P.S. Case
No. 76 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act.
3. There is recovery of 5 litres of illicit country made
liquor from a bag.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely being implicated in the
present case. No incriminating article has been recovered from
the conscious possession of this petitioner. Petitioner is in
custody since 31.03.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.34051 of 2026(2) dt.19-05-2026
2/2
6. Considering the facts and circumstances of the case
and the fact that no recovery is made from the conscious
possession of this petitioner, this Court is inclined to grant bail
to the petitioner.
7. Accordingly, let the petitioner above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned 3rd Exclusive Special Excise Court, Saran
at Chapra/concerned court below in connection with Sadar
Excise P.S. Case No. 76 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)
Ranjeet/-Nitesh
U T
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