Patna High Court
Hanuman Rai @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the seized liquor was not found in the petitioner's possession and there is no substantive evidence linking him to the illegal trade, the court granted anticipatory bail under Section 438 CrPC and Section 482(2) BNSS.
Summary
The petitioner, Hanuman Rai, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged illegal manufacture and trade of illicit liquor, with 135.180 litres seized from a car. The petitioner argued that the liquor was not recovered from his personal possession, that the seizure list lacked independent witnesses, and that his name appeared only because his brother, a co‑accused, was involved. The Additional Public Prosecutor opposed anticipatory bail. The court noted the absence of direct possession, the petitioner's clean antecedent, and the weak evidentiary basis, and therefore granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail bond was set at Rs.10,000 with two sureties, and the petitioner was directed to surrender within four weeks. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41198 of 2026
Arising Out of PS. Case No.-94 Year-2020 Thana- CHIRAIYA District- East Champaran
======================================================
Hanuman Rai @ Mithilesh Kumar, Son of Virendra Rai @ Virender Prasad
Yadav, Resident of Village- Kaatkhuiya, P.S.- Chiraiya, District- East
Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, 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 Chiraiya P.S.
Case No.94 of 2020 registered under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 135.180 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the seized liquor was recovered from a Car
bearing Registration No BR-033B-5333. It is submitted that
Patna High Court CR. MISC. No.41198 of 2026(2) dt.25-06-2026
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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 than by police personnel. It is further
submitted that the name of the petitioner surfaced solely
because of his brother, namely, Bhola Rai, who is also a co-
accused in the present case. The petitioner claimed clean
antecedent.
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, who is
a man of clean antecedent, 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 Special Judge Excise-I, East Champaran, Motihari in
Patna High Court CR. MISC. No.41198 of 2026(2) dt.25-06-2026
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connection with Chiraiya P.S. Case No.94 of 2020, 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/-
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