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Patna High Court

Rabindra Rai @ Devendra RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, holding that the seizure did not establish his possession of the illicit liquor.

Summary

The petitioner, Rabindra Rai, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 135 litres of liquor seized from a vehicle. He contended that the liquor was not in his conscious possession and that the seizure list relied solely on the co-accused’s statement without independent witnesses. The Additional Public Prosecutor opposed his anticipatory bail. The court observed that the recovery of liquor did not prima facie establish the petitioner’s possession and noted his prior criminal antecedent on bail. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged involvement in illegal liquor trade.
  • Whether the seizure of liquor, without evidence of the petitioner's conscious possession, suffices to justify denial of bail.
  • Whether the co-accused’s disclosure statement alone can establish the petitioner's culpability.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • seizure
  • Bihar Prohibition and Excise Act
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41181 of 2026
                         Arising Out of PS. Case No.-87 Year-2026 Thana- BELA District- Sitamarhi
                 ======================================================
                 Rabindra Rai @ Devendra Rai S/o Ishwar Rai R/o Village- Sirsiya, PS- Bela,
                 Dist- Sitamarhi                                          ... ... Petitioner
                                                 Versus
                 The State of Bihar                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar, Advocate
                 For the Opposite Party/s :        Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   25-06-2026                         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 Bela P.S. Case

                   No.87 of 2026 registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 135 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the seized liquor was recovered from a Alto Car.

                   It is submitted that nothing has been recovered from the

                   conscious possession of the petitioner. It is further submitted

                   that the seizure list appears doubtful being not supported by

                   independent witnesses rather by police personnel. It is further
             Patna High Court CR. MISC. No.41181 of 2026(2) dt.25-06-2026
                                                         2/2




                       submitted that the name of the petitioner surfaced solely on

                       the basis of the disclosure statement of the co-accused,

                       namely      Jaffir   Ansari.     The     petitioner   has   one   criminal

                       antecedent in which, 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 of note of 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 Exclusive Special Excise-I, Sitamarhi in connection

                       with Bela P.S. Case No.87 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.)
    Raushan/-

U        T


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