Patna High Court
Rabindra Rai @ Devendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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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