Patna High Court
Umesh Ray @ Umesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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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