Patna High Court
Upendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs. 5,000 and two sureties of equal amount.
Summary
The petitioner, Upendra Rai, applied for bail in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 170 litres of liquor and 1000 litres of Mahua pass from a public area near the Ganga river. The petitioner argued that he was not caught in possession, the alleged contraband was not on his property, and the case was based on secret information without proper investigation. The State opposed bail, citing the seriousness of the excise offence and the petitioner’s prior two cases under the same Act. The court considered the submissions, the period of custody since 7 May 2026, and the lack of direct possession, and decided to grant bail. The bail was conditioned on a bond of Rs. 5,000 with two sureties of the same amount, to be approved by the trial court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the nature of the alleged offence and his prior record.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38949 of 2026
Arising Out of PS. Case No.-920 Year-2024 Thana- SONEPUR District- Saran
======================================================
Upendra Rai Son of Late Dev Sharan Rai @ Deosaran Rai Resident of Village
Baburbani, P.S.- Sonpur, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
is in custody since 07.05.2026 and allegation is of recovery of
170 liters of liquor from a Diyara area near bank of Ganga river
along with 1000 liters of Mahua pass which was destroyed.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.38949 of 2026(2) dt.01-07-2026
2/2
and is accessible to public at large and he came to be implicated
based on secret information which is the easiest way to
implicate someone. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs. 5000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor court in connection with Sonepur P.S. Case
No. 920 of 2024.
(Satyavrat Verma, J)
Rishabh/-
U T
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