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Patna High Court

Sanjit Rai @ Sanjeet Rai @ Sanjit Ray @ Ranjit RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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/-

U          T


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