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Patna High Court

Ramesh Rai @ Ramesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the recovery of liquor did not constitute conscious possession by the petitioner, warranting the grant of anticipatory bail.

Summary

The petitioner, Ramesh Rai, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing and trading illicit liquor, with 192 litres recovered from a house and godown that he jointly owned with co‑accused Bittu Kumar. He sought anticipatory bail, arguing that the liquor was not in his conscious possession and that the premises were jointly owned. The Additional Public Prosecutor opposed the bail. The court examined the facts and noted that the recovery did not prima facie establish possession by the petitioner. 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 despite the recovery of illicit liquor from premises associated with him.
  • Whether the recovery of liquor establishes conscious possession required under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether joint ownership of the property affects the petitioner’s liability for the offence.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 438(2) CrPC
  • Section 482(2) BNSS
  • joint property
  • possession

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.41806 of 2026
                     Arising Out of PS. Case No.-166 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Ramesh Rai @ Ramesh Yadav S/o Harish Chandra Rai Resident Of Village-
                 Nuruddinganj, P.s- Malsalami, Dist- Patna

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr.Arvind Prasad Singh, Advocate
                 For the Opposite Party :        Mr.Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-06-2026                 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 Malsalami P.S.

                   Case No.166 of 2026 registered under Section 30(a) of

                   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 192 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely for

                   the reason that the recovery of alleged liquor was made
Patna High Court CR. MISC. No.41806 of 2026(2) dt.30-06-2026
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          from the house and godown of petitioner. It is also

          submitted by learned counsel for the petitioner that the

          godown from where the alleged liquor was recovered is a

          joint property of petitioner and co-accused Bittu Kumar. It is

          also submitted that recovery of illicit liquor was not made

          from conscious possession of this petitioner.         Explaining

          criminal antecedent, it is submitted that the petitioner found

          involved in six more criminal cases, where he is on bail in

          five cases and one case is pending against him of Malsalami

          P.S Case No. 156 of 2026.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the 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
            Patna High Court CR. MISC. No.41806 of 2026(2) dt.30-06-2026
                                                        3/3




                      satisfaction of the learned Special Judge Excise, Patna City,

                      in connection with Malsalami P.S. Case No.166 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.)

Aniket/-
U       T


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