Patna High Court
Sanjit Rai @ Sanjeet Rai @ Sanjit Ray @ Ranjit RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not made from his physical possession and he has a clean antecedent.
Summary
The petitioner, Sanjit Rai, was implicated in an excise case for alleged illegal manufacture and transport of illicit liquor, though his name does not appear in the FIR. The prosecution alleged that he owned the motorcycle used to carry nine litres of liquor, but the recovery was not from his conscious possession. The petitioner sought anticipatory bail, arguing lack of direct involvement and a clean antecedent. The Additional Public Prosecutor opposed the bail. The court examined the facts, noting the absence of physical possession and the petitioner’s clean record, and directed that he be released on bail upon surrendering within four weeks, subject to a bond and sureties, under Sections 438(2) of the CrPC and 482(2) of the BNSS. The bail was granted with standard conditions.
Issues considered
- Whether anticipatory bail should be granted when the accused is not named in the FIR and the seized contraband is not in his conscious possession
- Whether the ownership of a vehicle used in the alleged offence suffices to justify denial of bail
Legislation cited
- Bihar Negotiable Instruments (or relevant) Special Statute (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- possession
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40764 of 2026
Arising Out of PS. Case No.-408 Year-2026 Thana- Excise P.S. District- Sitamarhi
======================================================
Sanjit Rai @ Sanjeet Rai @ Sanjit Ray @ Ranjit Ray S/O Dinesh Rai
Resident of Village- Chandpura, Ward No. 04, Police Station- Bathnaha,
District- Sitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shashank Shekhar, Advocate
For the Opposite Party : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Excise
Sitamarhi P.S. Case No.408 of 2026 registered under
Sections 30(a) and 32(3) of Bihar Prohibition and Excise
Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 9 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
Patna High Court CR. MISC. No.40764 of 2026(2) dt.24-06-2026
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the suspicion that he fled away from the spot after seeing
police party. It is submitted that petitioner is only implicated
in the present case as he is the owner of the motorcycle
which was involved in carrying illict liquor. It is also
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. It is submitted
further that seizure list appears doubtful being not supported
by independent witness rather by police. 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, who is a man of clean antecedent, 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
Patna High Court CR. MISC. No.40764 of 2026(2) dt.24-06-2026
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learned Exclusive Special Excise Court No. II, Sitamarhi in
connection with Excise Sitamarhi P.S. Case No.408 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/-
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