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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

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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