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Patna High Court

Dhruv Rai @ Dhru RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the seized liquor was not in the petitioner's conscious possession.

Summary

The petitioner, Dhruv 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 117 litres seized from his house. He contended that he was implicated only because the liquor was found in his jointly owned family house and that he neither owned nor possessed the seized liquor. The petitioner also highlighted that he was not present at the premises at the time of seizure and is already on bail in another criminal case. The Additional Public Prosecutor opposed the grant of anticipatory bail. The Court, noting that the liquor was not found in the petitioner's conscious possession, directed that he be released on bail upon furnishing a 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 anticipatory bail under Section 438 of the CrPC is warranted when the seized illicit liquor is not in the petitioner's conscious possession.
  • Whether ownership of the premises where illicit liquor is found suffices to implicate the occupant under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • possession
  • joint family house
  • Section 438 CrPC

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.41834 of 2026
                  Arising Out of PS. Case No.-638 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                                District- East Champaran
                 ======================================================
                 Dhruv Rai @ Dhru Rai S/o Langar Rai @ Banai Rai R/o Village - Amar
                 Chhatauni, P.s. - Chhatauni, District - East Champaran.

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :     Mr. Rajesh Kumar, Advocate
                 For the Opposite Party :     Mr. Renu Kumari, 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 Excise P.S. Case

                   No.638 of 2019 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 117 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 petitioner is the owner of the house, where
Patna High Court CR. MISC. No.41834 of 2026(2) dt.30-06-2026
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          alleged liquor was seized. It is also submitted by petitioner

          that the house of petitioner is a joint family house. It is also

          submitted that the petitioner is neither present at the spot

          nor the petitioner is in any way connected with the

          concerned seized liquor. 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 one criminal case, where

          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 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

          satisfaction of the learned Exclusive Special Excise Judge- 2,
            Patna High Court CR. MISC. No.41834 of 2026(2) dt.30-06-2026
                                                        3/3




                      East Champaran, Motihari, in connection with Excise P.S.

                      Case No.638 of 2019, 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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