Patna High Court
Rupesh Kumar Ray @ Rupesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery was not prima facie from his possession and he has a clean antecedent.
Summary
The petitioner, Rupesh Kumar Ray, 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, 2016, based on the recovery of 15 litres of liquor from a motorbike he owned. He contended that the liquor was not in his conscious possession and that the seizure list lacked independent witness support, asserting his clean antecedent. The Additional Public Prosecutor opposed his anticipatory bail. The court observed that the recovery did not appear to be from the petitioner's physical possession and, considering his clean record, directed that he be released on anticipatory bail upon surrendering to the lower court within four weeks, subject to a bail bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the alleged recovery of illicit liquor is not from the petitioner's conscious possession.
- Whether the seizure list, lacking independent witnesses, is sufficient to sustain the charge under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Negotiable Substances (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- prohibition act
- seizure
- possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41805 of 2026
Arising Out of PS. Case No.-586 Year-2022 Thana- RAJAOLI District- Nawada
======================================================
Rupesh Kumar Ray @ Rupesh Ray, S/o Janki Ray ,Resident of Village- Tisri,
P.S.- Tisri, District- Giridih, State- Jharkhand
... ... Petitioner
Versus
The State of Bihar Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Ranjan, Advocate
: Mrs. Sonam Kumari, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-06-2026 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 Rajauli P.S. Case
No.586 of 2022 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 15 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the alleged recovery was made from a
Motorbike. The name of the petitioner surfaced solely
Patna High Court CR. MISC. No.41805 of 2026(2) dt.29-06-2026
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because he was the registered owner of the seized vehicle
bearing Registration No. JH11AE5744. 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 than by police personnel. 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 Exclusive Special Judge, Excise-II, Nawada in
connection with Rajauli P.S. Case No.586 of 2022, subject
Patna High Court CR. MISC. No.41805 of 2026(2) dt.29-06-2026
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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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