Patna High Court
Mohan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the recovery of illicit liquor was not made from the petitioner’s conscious physical possession.
Summary
The petitioner, Mohan Rai, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor, with 882 litres of liquor recovered in a case registered under Sections 272 and 273 of the IPC and several provisions of the Bihar Prohibition and Excise Act. The petitioner contended that his name was disclosed solely by co‑accused statements and that he had no conscious physical possession of the seized liquor or the vehicle used. The prosecution opposed bail, arguing the seriousness of the offences. The court examined whether the recovery was made from the petitioner’s conscious possession and found no such connection. Consequently, the court directed that the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner’s name, disclosed only by co‑accused statements, establishes conscious physical possession of the illicit liquor for bail purposes
- Whether bail can be granted under Section 438(2) of the Cr.P.C. in the absence of evidence of possession
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 38(1), 38(2), 41(1)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 272, 273
Subjects
- bail
- illicit liquor
- illegal manufacturing
- conscious possession
- IPC
- Bihar Prohibition Act
- Cr.P.C. Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36573 of 2026
Arising Out of PS. Case No.-56 Year-2018 Thana- DALSINGHSARAI District- Samastipur
======================================================
Mohan Rai Son of Late Dhanpat Rai Resident of Village- Bikrampur Bandey,
P.S.- Muffasil, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, APP
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Dalsingh Sarai P.S.
Case No. 56 of 2018 registered for the offences punishable under
Sections 272 and 273 of the IPC and Sections 30(a), 38(1),
38(2) and 41(1) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 882 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that name of this petitioner transpires in this
case on the basis of disclosure as made by apprehended co-
accused persons. It is further submitted that petitioner is not
connected in any manner either with seized vehicle or with illicit
liquor. It is submitted that recovery is not made from conscious
physical possession of the petitioner. While concluding the
Patna High Court CR. MISC. No.36573 of 2026(2) dt.16-06-2026
2/2
argument it is submitted that petitioner found involved in three
more cases, where two cases are of same nature and on the
basis of said suspicion name of petitioner was disclosed by
apprehended co-accused in the present case without any
connecting material.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor prima-facie not
appears to be made from the conscious physical possession of
this petitioner, accordingly the petitioner above named, in the
event of his arrest or surrender before the learned trial court
within a period of four weeks, is directed to be released on bail,
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 Exclusive Special Excise Court-Ist,
Samastipur/concerned trial court where the case is pending in
connection with Dalsingh Sarai P.S. Case No. 56 of 2018 subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.