Patna High Court
Raut Seth @ Raul Seth @ Abhishek NishadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32, 41(1)
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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