Patna High Court
Vinod RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioners as the recovery did not prima facie establish their possession of the illicit liquor.
Summary
The petitioners Vinod Ray, Dharmendar Kumar and Lav Kumar were named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing and trading illicit liquor, with 150 litres of liquor recovered. They applied for anticipatory bail, contending that the police had acted on secret information and that the wooden shop from which the liquor was seized was not linked to them. The Additional Public Prosecutor opposed the bail. The High Court observed that the recovery did not prima facie show that the petitioners had conscious physical possession of the liquor and noted their clean antecedents. Consequently, the Court directed that they be released on bail if arrested within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC.
- Whether the material recovered (150 litres of illicit liquor) establishes possession sufficient to deny bail.
- Whether the police investigation based on secret information justifies the FIR under the Bihar Prohibition and Excise Act.
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
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36511 of 2026
Arising Out of PS. Case No.-289 Year-2026 Thana- MANER District- Patna
======================================================
1. Vinod Ray, S/o Late Surukh Ray
2. Dharmendar Kumar, S/o Nandkishore Ray
3. Lav Kumar, S/o Late Lagandev Ray
All are resident of Village- Brahmchari Pokhaar, P.S.- Maner, District –
Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Saumya, Advocate
Mr. Chandra Mohan, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Maner P.S.
Case No.289 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 150 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioners that the petitioners were implicated on the basis
Patna High Court CR. MISC. No.36511 of 2026(2) dt.08-06-2026
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of suspicion arising out of secret information received by the
police. It is submitted that as per information, the wooden
shop (gumti) from where illicit liquor was recovered was said
to belongs to the petitioner no.2, which is a incorrect factual
position, as the gumti/shop in issue is not connected in any
manner with petitioner no.2 or with other two petitioners,
who are men of clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
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 conscious physical possession
of these petitioners, who are men of clean antecedent,
accordingly, all three above-named petitioners, in the event
of their arrest or surrender in the court below within a period
of four weeks from today, are directed to be released on bail
on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Special Excise Judge, Danapur
in connection with Maner P.S. Case No.289 of 2026, subject
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to the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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