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Patna High Court

Umesh Ray @ Umesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the recovery of illicit liquor was not made from the conscious physical possession of the petitioners.

Summary

The petitioners, Umesh Ray and Sanjeet Kumar, were named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, with 624 litres of liquor recovered from the scene. They contended that their names were linked to the case based on secret information and that the liquor was not found in their physical possession. The prosecution highlighted their criminal antecedents, noting multiple pending cases against each petitioner, and opposed bail. The court examined whether the recovery of liquor could be said to be in the conscious possession of the petitioners and considered the applicability of Section 482(2) of the Criminal Procedure Code for granting bail. Concluding that there was no prima facie evidence of possession, the court ordered bail for both petitioners upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions.

Issues considered

  • Whether the petitioners were in conscious physical possession of the illicit liquor recovered.
  • Whether bail can be granted under Section 482(2) of the Criminal Procedure Code despite the petitioners' criminal antecedents.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • possession
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36729 of 2026
                        Arising Out of PS. Case No.-128 Year-2026 Thana- ISUAPUR District- Saran
                 ======================================================
           1.     Umesh Ray @ Umesh Rai S/O Chander Ray R/O Lauwan, Laua, Post-
                  Sadhwara, P.S.- Isuapur, Dist.- Saran.
           2.     Sanjeet Kumar @ Sanjeet Ray @ Sanjeet Rai S/O Bikram Ray @ Vikrama
                  Ray R/O Lauwan, Laua, Post- Sadhwara, P.S.- Isuapur, Dist.- Saran.
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar.                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raushan Raj, Advocate
                 For the Opposite Party/s :        Mr.Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-06-2026                  Heard learned counsel appearing on behalf of the

                   petitioners       and      learned      Additional       Public      Prosecutor

                   appearing on behalf of the State.

                                2. The accused/petitioners are named in FIR and

                   apprehending their arrest in connection with Isuapur P.S.

                   Case No.           128 of 2026 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act, 2018.

                                3. The allegation against the petitioners is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 624 litres of IMFL/country made

                   liquor from the place of occurrence.
Patna High Court CR. MISC. No.36729 of 2026(2) dt.08-06-2026
                                            2/3




                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the name of petitioner surfaced on

          the basis of secret information. It is also pointed out that

          recovery of illicit liquor was not made from physical

          possession of this petitioner.

                       5. While explaining criminal antecedent, it is

          submitted that petitioner no. 1 found involved in four more

          criminal cases, whereas petitioner no. 2 found involved in

          two more criminal cases, where both are on bail.

                       6. Learned APP opposed the prayer of bail.

                       7. In view of aforesaid factual submission as

          recovery of illicit liquor prima facie not appears to be made

          from the conscious physical possession of this petitioner,

          accordingly, both above named petitioners, in the event of

          their arrest or surrender before the learned trial Court,

          within a period of four weeks of the order, 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 3 rd Exclusive

          Special Excise Judge, Saran at Chapra/concerned Court,
              Patna High Court CR. MISC. No.36729 of 2026(2) dt.08-06-2026
                                                          3/3




                        where the case is pending in connection with Isuapur P.S.

                        Case No.        128 of 2026, subject to the conditions as laid

                        down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

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