Patna High Court
Audhesh Rai @ Awadhesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and conditions, as the recovery did not prima facie establish their possession and procedural safeguards were lacking.
Summary
The petitioners, Audhesh Rai and Rajan Kumar Yadav, were implicated in a case of illegal liquor manufacturing under Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 450 litres of spirit from a thatched shed. They argued that they were not named in the FIR, that the liquor was not in their conscious possession, and that the seizure did not comply with Section 103(4) of the BNSS because no independent witness was present. The Additional Public Prosecutor opposed their anticipatory bail. The court examined the factual submissions and noted the lack of direct possession and procedural lapses in the seizure. Consequently, the court directed that both petitioners be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties each and conditions under Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether anticipatory bail should be granted when the seized illicit liquor is not shown to be in the petitioners' possession
- Whether the seizure complied with the procedural requirements of Section 103(4) of the BNSS
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103(4), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a) Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- seizure procedure
- Section 103(4) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40843 of 2026
Arising Out of PS. Case No.-208 Year-2026 Thana- PANAPUR District- Saran
======================================================
1. Audhesh Rai @ Awadhesh Rai S/o Bipat Rai R/o Village - Basahiya, PS -
Panapur, District - Saran at Chapra
2. Rajan Kumar Yadav @ Rajan Kumar Rai S/o Dhrup Deo Rai @ Dhrupdeo
Rai R/o Village - Basahiya, PS - Panapur, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate
For the Opposite Party : Mr.Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are not named in the
FIR and apprehending their arrest in connection with
Panapur P.S. Case No.208 of 2026 registered under Section
30(a) of Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 450 litres of spirit.
4. It is submitted by learned counsel appearing for
the petitioners that the name of petitioner was arrayed solely
Patna High Court CR. MISC. No.40843 of 2026(2) dt.24-06-2026
2/3
on the disclosure made by the local villagers. It is also
submitted that the recovery of illicit liquor was made from
thatched shed(palaani) which is an open place accessible by
general public.It is also submitted that recovery of illicit
liquor was not made from conscious possession of these
petitioners. It is further argued that the requirement of
Section 103(4) of the BNSS has not been complied with,
inasmuch as no independent witness was associated with the
search and seizure list and the seizure witnesses were police
personnel themselves. Explaining criminal antecedent, it is
submitted that the petitioner no. 1 claimed clean antecedent
and petitioner no. 2 found involved in 1 more criminal case,
where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
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 these
petitioners, accordingly, both petitioners, above-named, in
the event of their arrest or surrender in the court below
Patna High Court CR. MISC. No.40843 of 2026(2) dt.24-06-2026
3/3
within a period of four weeks from today, are directed to be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Exclusive
Special Excise Judge-2, Saran at Chapra in connection with
Panapur P.S. Case No.208 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.