Patna High Court
Dilip RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor does not prima facie indicate the petitioner's conscious possession and therefore granted anticipatory bail.
Summary
The petitioner, Dilip Rai, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 126 litres seized from a public bamboo grove. Counsel argued that the liquor was recovered from an open area, not in the petitioner's conscious possession, and that the seizure list lacked independent witnesses, with the petitioner's name arising solely from villagers' statements. The State opposed the petition for anticipatory bail. The court observed that the facts did not prima facie show possession by the petitioner and, despite his five prior convictions, directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite allegations of involvement in illegal liquor trade.
- Whether the seizure of liquor establishes conscious possession by the petitioner.
- Whether the FIR and villagers' disclosures are sufficient to implicate the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34440 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- BAJPATTI District- Sitamarhi
======================================================
Dilip Rai, S/o Sakal Rai, R/o village- Narha Utarwari Tol @ Narha Kala @
Narha Kala Utarwari Tol, P.S.- Bajpatti, Dist.- Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 29-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Bajpatti P.S. Case
No.71 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 126 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a bamboo grove located near Narha Utarwari Tol area, which
Patna High Court CR. MISC. No. 34440 of 2026(3) dt.29-06-2026
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is an open place, accessible to the general public and,
therefore, it cannot be said that the alleged recovery was
made from the conscious possession of the petitioner. It is
further submitted that seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. It is also pointed out that the name of the
petitioner surfaced solely on the basis of the disclosure made
by the local villagers. The petitioner has five criminal
antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to 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 the learned Exclusive Special, Excise-II,
Patna High Court CR. MISC. No. 34440 of 2026(3) dt.29-06-2026
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Sitamarhi in connection with Bajpatti P.S. Case No.71 of
2026, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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