Patna High Court
Upendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted because the seizure did not prima facie establish the petitioner's possession and procedural requirements were not satisfied.
Summary
The petitioner, Upendra Rai, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 135 litres recovered from a motorcycle he owned. He contended that the seizure was not made from his conscious possession and that procedural requirements under Section 103(4) of the BNSS were not complied with. The State opposed his application for anticipatory bail. The Court examined whether the facts established a prima facie case of possession and whether the seizure was lawful. Finding that the recovery did not appear to be from the petitioner's physical possession and noting procedural lapses, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail bond was set at Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in the context of alleged illegal liquor trade.
- Whether the seizure of liquor complied with the procedural requirements of Section 103(4) of the BNSS.
- Whether the petitioner had conscious possession of the seized liquor sufficient to sustain the charges under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 47
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- excise law
- seizure procedure
- Bihar Prohibition and Excise Act
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40748 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- Raghunathpur Excise District- Siwan
======================================================
Upendra Rai S/O Barister Rai R/O Village- Narahwa Sukul, Ps-Gopalapur,
Distt- Gopalganj, Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 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 Excise
Raghunathpur P.S. Case No.40 of 2026 registered under
Sections 30(a) and 47 of the Bihar Prohibition and Excise
Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 135 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged liquor was made
Patna High Court CR. MISC. No.40748 of 2026(2) dt.23-06-2026
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from a motorcycle bearing Registration No. BR 29L 8234. It
is submitted that he has been implicated in the present case
only because he is the owner of the motorcycle in question.
It is also submitted that there was no independent seizure
list witnesses. Compliance of Section 103(4) of BNSS also
not appears followed. It is submitted that the recovery of
illicit liquor was not made from conscious possession of the
petitioner. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, 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 Special Judge (Excise) Court- 02,
Siwan, in connection with Excise Raghunathpur P.S. Case
Patna High Court CR. MISC. No.40748 of 2026(2) dt.23-06-2026
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No.40 of 2026, subject to the conditions as laid down under
Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
aniket/-
U T
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