Patna High Court
Bam Bahadur Rai @ Bhakkar Rai @ Bambahadur RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail was granted as the petitioner was not in possession of the illicit liquor and possessed clean antecedents.
Summary
The petitioner, Bam Bahadur Rai, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 80 litres of illicit country-made liquor was recovered from an open place. The petitioner argued that no contraband was found in his conscious possession, he has clean antecedents, and his involvement is based solely on suspicion. The State opposed the petition for anticipatory bail. The Court, considering the lack of possession, the petitioner’s clean record, and the nature of the accusation, granted anticipatory bail. The order directed that, if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted when the accused is not found in possession of the alleged illicit liquor.
- Whether mere suspicion and recovery of contraband from an open place justify arrest under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedents and lack of incriminating material warrant the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39583 of 2026
Arising Out of PS. Case No.-119 Year-2026 Thana- DORIGANJ District- Saran
======================================================
Bam Bahadur Rai @ Bhakkar Rai @ Bambahadur Ray S/o Late Moti Rai @
Motilal Ray R/o vill - Purbi Balwa, P.S.- Doriganj, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Raushan Raj, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 80 liters illicit country
made liquor was recovered from an open place.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on suspicion. The
alleged illicit liquor has been recovered from an open place,
which is accessible to one and all. Petitioner claims clean
Patna High Court CR. MISC. No.39583 of 2026(2) dt.23-06-2026
2/2
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the nature of accusation, fact that no
incriminating article has been recovered from conscious
possession of this petitioner and clean antecedents, the prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned 3rd Exclusive Excise Judge,
Saran at Chapra in connection with Doriganj P.S. Case No. 119
of 2026, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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