Patna High Court
Ajay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Ajay Rai was arrested on 6 April 2026 in connection with a case alleging possession of 50 litres of "Sprite" liquor and 100 litres of country‑made distilled liquor recovered from a house that is not his absolute ownership. He sought bail, claiming innocence and that the seizure was from his wife's premises, who had already been granted bail in a related matter. The prosecution opposed bail, citing a prior criminal antecedent of a similar nature. The court considered the facts, the lack of direct possession, and the prior bail to the co‑accused, and ordered that bail be granted on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedent. The bail order was directed to be implemented by the Exclusive Special Excise Court, East Champaran.
Issues considered
- Whether the petitioner is entitled to bail despite alleged possession of illicit liquor under the Bihar Prohibition and Excise Act and the Bhartiya Nyay Sanhita.
- Whether the seizure of liquor from the house, which is not the petitioner’s absolute property, establishes conscious possession sufficient to deny bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of bail.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 110, 123, 274, 275
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Bhartiya Nyay Sanhita
- criminal antecedent
- excise court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36666 of 2026
Arising Out of PS. Case No.-449 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Ajay Rai Son of Jalandhar Rai Resident of Village- Barkurwa, P.S.-
Piprakothi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-06-2026 Heard Mr. Amit Kumar, learned counsel for the
petitioner and Mr. Suresh Prasad Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.04.2026 in connection with Piparkothi P.S. Case No. 449 of
2025, F.I.R. dated 29.12.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and
Section 274, 275, 123, 110 of Bhartiya Nyay Sanhita, 2023.
3. Recovery is of 50 liters of “Sprite” liquor and 100
liters of country-made distilled liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.36666 of 2026(2) dt.15-06-2026
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conscious possession of the petitioner rather the recovery has
been made from house in question and wife of the petitioner has
also been made accused in the present case. As per allegation,
50 liters of “Sprite” liquor and 100 liters of country-made
distilled liquor were recovered from the house of the petitioner.
He next submits that petitioner is not the absolute owner of the
house in question and for the same set of allegation co-accused,
namely, Rupanti Devi, who is wife of the petitioner has been
granted the privilege of bail in Cr. Misc. No. 12416 of 2026 vide
order dated 24.02.2026 by a co-ordinate Bench of this Court.
The petitioner is in custody since 06.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court-1, East Champaran, Motihari in
Patna High Court CR. MISC. No.36666 of 2026(2) dt.15-06-2026
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connection with Piparkothi P.S. Case No. 449 of 2025, subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
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