Patna High Court
Rajesh Ram @ Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is warranted where the alleged contraband was recovered from an open field and no conscious possession by the accused is established, and the accused has a clean antecedent.
Summary
The petitioner, Rajesh Ram, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, after 42 litres of liquor were recovered from an open maize field belonging to Sunil Bhagat. He applied for anticipatory bail, contending that the liquor was not in his conscious possession and that he has a clean antecedent. The State opposed the bail, arguing that the recovery indicated involvement in the offence. The Court observed that the recovery was from a publicly accessible field and that there was no evidence of the petitioner's direct control over the contraband. Considering the lack of conscious possession and the petitioner's clean record, the Court directed that anticipatory bail be granted subject to a bond and sureties. The bail order also imposed a condition that the petitioner surrender within four weeks and comply with the requirements of Section 438(2) CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to a person accused under the Bihar Prohibition and Excise Act for alleged illicit liquor trade.
- Whether the recovery of liquor from an open field establishes sufficient possession to deny bail.
- Whether the petitioner's clean antecedent warrants the grant of bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40025 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- MINAPUR District- Muzaffarpur
======================================================
Rajesh Ram @ Rajesh Kumar, S/o Diplal Rai @ Diplal Ray @ Diplal Ram,
R/o Village - Mahadeiyan, P.S. - Midnapur, District - Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Minapur P.S.
Case No.92 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 42 liters of IMFL/country-made liquor from the
maize field.
4. It is submitted by learned counsel appearing for
the petitioner that the alleged illicit liquor was recovered
from the maize field of one Sunil Bhagat, which is an open
Patna High Court CR. MISC. No.40025 of 2026(2) dt.22-06-2026
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place and accessible by general public. It is submitted that
on the basis of suspicion arising out of secret information,
the petitioner has been implicated with present recovery.
While concluding argument, it is submitted that the
petitioner is a man of clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from conscious physical possession
of this petitioner rather from an open maize field,
accordingly, the petitioner, above-named, who is a man of
clean antecedent, in the event of his arrest or surrender in
the court below within a period of four weeks from today, is
directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court of
Exclusive Special Excise Court-I, Muzaffarpur in connection
with Minapur P.S. Case No.92 of 2026, subject to the
conditions as laid down under Section 438(2) of the
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CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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