Patna High Court
Sheopujan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with specified terms.
Summary
Shiv Pujan Rai was arrested on 15 May 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, after police seized 24 gallons of liquor from his orchard during a raid. The prosecution’s case relied on the testimony of a local chowkidar and the presence of the liquor at the orchard, not on any possession by the accused. The petitioner argued that he had a clean antecedent and that the seizure was not from his conscious possession, contending false implication. The Additional Public Prosecutor opposed bail, citing the seriousness of the offence. The Court, noting the lack of direct possession, the petitioner’s clean record, and the tenuous basis of the accusation, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the seizure of liquor from the petitioner’s orchard, without proof of conscious possession, justifies continued detention.
- Whether the petitioner’s clean antecedent and the nature of the evidence warrant the grant of bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40893 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- ISUAPUR District- Saran
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Sheopujan Rai S/O Bisheshwar Rai R/O Vill- Hakarpur (Hakapur Laua), P.O.-
Sarhawara, P.S- Ishuapur, Dist- Saran at Chapra-841421.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Rajendra Prasad Nat
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.05.2026 in connection with Ishuapur P.S. Case No. 128 of
2026 for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act, 2022.
3. According to prosecution case, one Gaurav Kumar
Gaurav (Informant) SHO of Ishuapur P.S. furnished a typed
report in the concern court wherein stated that on 14.04.2026 at
23:10 hours in information of excise unit, Patna raid has been
conducted. When at 23:30 hours the informant was at Achitpur
Chowk, then received secret information that one Umesh Rai
along with his associate demanded huge quantity of liquor. After
verification of the Information alongwith Excise Unite, Mashrak
Patna High Court CR. MISC. No.40893 of 2026(2) dt.30-06-2026
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proceeded at Hakarpur village at 23:50 hours. Seen the police
party some miscreants are fleeing away after len 5-6 gallon but
they have not caught due to darkness of the spot some local
peoples assembled there and Mahal Chaukidar discloses about
the person who were flee away as 1. Umesh Rai, 2. Sanjit Rai,
3. Sailendra Rai 4. Shivpujan Rai and 5. Chuman Rai, when the
informant in the light of torch seen 24 gallons have been found
in Bamboo orchard (Basbari) of Shiv Pujan Rai. In presence of
police officer search has been made of 24 Gallons wherein 26-
26 liters of Mac hydrol AW 46 liquid like as sprit have been
recovered. In presence of two police officials seizure list has
been prepared.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and has falsely been implicated
in the present case. Learned counsel for the petitioner submits
that it appears from the FIR and seizure list that nothing has
been recovered from the conscious possession of the petitioner
rather the recovery has been made from the vehicle in question.
It is next submitted that name of the petitioner has transpired on
the basis of disclosure made by local chowkidar and except the
aforesaid nothing has come during the investigation to suggest
the involvement of the petitioner in the present occurrence and
Patna High Court CR. MISC. No.40893 of 2026(2) dt.30-06-2026
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petitioner is in custody since 15.05.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent and name of the
petitioner has transpired on the basis of disclosure made by local
chowkidar, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned 3rd Exclusive Special Excise Judge, Saran at Chapra in
connection with Ishuapur P.S. Case No. 128 of 2026, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.40893 of 2026(2) dt.30-06-2026
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any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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