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Patna High Court

Raut Seth @ Raul Seth @ Abhishek NishadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail to the petitioner, finding sufficient grounds to believe he was involved in the alleged offences.

Summary

The petitioner, Raut Seth, was implicated in a case (PS No. 97 of 2026) for allegedly transporting and distributing 960 litres of illicit spirit, alleged offences under Sections 30(a), 41(1) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s case relied on the confessional statements of the vehicle driver and a co‑accused distributor, Lagan Singh, who described the petitioner’s role in the illegal trade. The petitioner contended that he neither owned the vehicle nor had the spirit in his conscious possession, asserting innocence and pointing to a single unrelated prior conviction. The State opposed bail, arguing that the corroborative statements demonstrated the petitioner’s active involvement. The Court, after evaluating the material, found the evidence sufficient to deny bail and rejected the petitioner’s bail application.

Issues considered

  • Whether bail should be granted to the petitioner in offences under the Bihar Prohibition and Excise (Amendment) Act, 2022 based on the evidence presented.

Legislation cited

Subjects

  • bail
  • excise law
  • illegal liquor
  • possession
  • driver testimony
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36015 of 2026
                          Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
                 ======================================================
                 Raut Seth @ Raul Seth @ Abhishek Nishad S/O Sri Kant Choudhary @
                 Shrikant Chaudhary R/O Village- Deohara, P.S- Goh, District-Aurangabad,
                 Bihar.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Deepak Kumar, Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. Heard learned Counsel for the petitioner and

                   learned APP for the State.

                                3. The petitioner is apprehending arrest in connection

                   with Parsa P.S. Case No. 97 of 2026 registered on 25.02.2026

                   for the offences punishable under Section 30(a), 41(1), 32 of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                4. According to the prosecution, 960 litres of spirit

                   were recovered from a vehicle. The driver of the vehicle, during

                   investigation, disclosed the modus operandi of the illegal trade

                   and categorically stated that the petitioner was involved in the

                   transportation of the spirit from one State to another and its
Patna High Court CR. MISC. No.36015 of 2026(2) dt.01-06-2026
                                            2/3




          subsequent distribution and sale within the State of Bihar.

                       5. It is submitted by learned counsel for the petitioner

          that the petitioner is innocent and has not committed any

          offence. It is contended that nothing has been recovered from

          the conscious possession of the petitioner and his implication in

          the present case is solely based on the confessional statement of

          the driver of the vehicle from which the alleged recovery was

          made. Learned counsel further submits that the petitioner is

          neither the owner of the said vehicle nor has any connection

          with it. It is also submitted that the petitioner has only one

          criminal antecedent, which does not relate to any offence under

          the Excise Act, and he has already been granted bail in the said

          case.

                       6. Learned APP for the State opposes the prayer for

          bail and submits that the materials collected during investigation

          reveal the active involvement of the petitioner in the alleged

          offence. It is contended that not only the driver of the vehicle

          from which the alleged recovery was made, but also another

          distributor, namely Lagan Singh, disclosed the modus operandi

          adopted by the petitioner for the illegal transportation and

          distribution of spirit. Learned APP further submits that the

          statements of the driver and co-accused Lagan Singh are
          Patna High Court CR. MISC. No.36015 of 2026(2) dt.01-06-2026
                                                      3/3




                    corroborative in nature and consistently point towards the

                    involvement of the petitioner in the commission of the offence.

                                 7. In this background, this Court is not inclined to

                    grant bail to the petitioner. Accordingly, the prayer for bail of

                    the petitioner in connection with Parsa P.S. Case No. 97 of

                    2026, pending before the learned 3rd Exclusive Special Excise

                    Judge, Saran at Chapra (Bihar) is hereby rejected.



                                                (Dr. Anshuman, J)
Ashwini/Manshi

U     T


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