Patna High Court
Subhash RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie case of possession.
Summary
The petitioner, Subhash Raut, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly manufacturing and trading illicit liquor, with ten litres of liquor recovered near an open bush area. Raut applied for anticipatory bail, contending that his name was recorded solely on the basis of a chowkidar’s statement and that the liquor was not in his conscious possession, further noting the lack of independent witnesses and his prior bail in a similar case. The Additional Public Prosecutor opposed the bail, arguing that the recovery indicated a prima facie case. The court examined the evidence and concluded that the recovery did not prima facie establish possession by the petitioner. Consequently, the court directed that Raut be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar Narcotic and Substance (BNSS) Act. The order also stipulated that the bail be executed within four weeks of arrest or surrender.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the recovery of illicit liquor establishes a prima facie case of possession against the petitioner
- Whether the evidence presented, lacking independent witnesses, is sufficient to deny bail
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Section 30
- Bihar Prohibition Act
- CrPC
- BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40786 of 2026
Arising Out of PS. Case No.-163 Year-2026 Thana- PANAPUR District- Saran
======================================================
Subhash Raut S/o Late Ramdayal Raut R/o Vill- Kondh Bhagawanpur, P.S.-
Panapur, Distt- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Sachida Nand Rai, Advocate
For the Opposite Party : Mr.Rana Randhir Singh, 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 named in the FIR and
apprehending his arrest in connection with Panapur P.S.
Case No.163 of 2026 registered under Section 30(a) 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 10 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
the basis of disclosure made by the local chowkidar. It is also
Patna High Court CR. MISC. No.40786 of 2026(2) dt.24-06-2026
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submitted that the recovery of illicit liquor was made near
the bush which is an open place and easily accessible by
general public. It is further submitted that recovery of illicit
liquor was not made from conscious possession of this
petitioner. It is pointed out that seizure list appears doubtful
being not supported by independent witnesses rather by
police personnels. Explaining criminal antecedent, it is
submitted that the petitioner found involved in one criminal
case of similar nature, where he is on bail.
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 Court of 2nd Exclusive Special
Patna High Court CR. MISC. No.40786 of 2026(2) dt.24-06-2026
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Excise Judge, Saran at Chapra, in connection with Panapur
P.S. Case No.163 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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