Patna High Court
Ashok Rai @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, prima facie, the illicit liquor was not recovered from the petitioner's conscious possession and therefore granted anticipatory bail.
Summary
The petitioner, Ashok Rai, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 50 litres seized from an open bhatti. He contended that the liquor was not in his conscious possession, the seizure list lacked independent witnesses, and his name was linked only to secret informant information. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's possession. Consequently, the court directed that the petitioner 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. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of illicit liquor allegedly linked to him.
- Whether the seizure evidence establishes conscious possession sufficient to deny bail.
- Whether reliance on secret informant information alone can justify denial of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(b), 30(c)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- excise law
- Section 438 CrPC
- Section 30 Bihar Prohibition and Excise Amendment Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34466 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
======================================================
Ashok Rai @ Ashok Kumar, S/O Nanda Rai, R/O Village- Ward No.-1,
Gidarvatola Terasia, P.S.- Ganga Bridge, Dist-Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Aniket Singh, Advocate
For the Opposite Party/s : Mr. Akbar Ali, 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 Hajipur Excise
P.S. Case No.168 of 2025 registered under Section 30(a),
(b), (c) of the Bihar Prohibition and Excise Amendment
Act,2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 50 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
Patna High Court CR. MISC. No.34466 of 2026(3) dt.29-06-2026
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a Bhatti, which 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 secret information received by the informant.
The petitioner has one 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 -cum-
Patna High Court CR. MISC. No.34466 of 2026(3) dt.29-06-2026
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Additional District and Sessions Judge, Vaishali at Hajipur in
connection with Hajipur Excise P.S. Case No.168 of 2025,
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/-
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