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Patna High Court

Ravindra RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the seizure did not prima facie establish the petitioner's possession of the illicit liquor.

Summary

The petitioner, Ravindra Rai, was not named in the FIR but was implicated in a case of illegal liquor manufacturing under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, where 3350 litres of illicit liquor were seized near Gandak Bandh, an open public area. Counsel argued that the seizure did not arise from the petitioner's conscious possession, that the seizure list lacked independent witnesses, and that the petitioner’s name was only mentioned by the Mahal Chaukidar, despite his four prior similar cases on bail. The Additional Public Prosecutor opposed anticipatory bail. The court observed that the facts did not prima facie establish possession by the petitioner and therefore granted anticipatory bail, directing his release 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. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite not being named in the FIR.
  • Whether the seizure of illicit liquor establishes conscious possession by the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • seizure
  • CrPC
  • Bihar Prohibition and Excise Act
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41955 of 2026
                   Arising Out of PS. Case No.-302 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Ravindra Rai, Son of Sukhnandan Rai, Resident of Village -Ismailpur PS
                 -Hajipur Sadar District- Vaishali

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mrs. Asha 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 not named in the FIR

                   and apprehending his arrest in connection with Hajipur Sadar

                   (Kajipur) P.S. Case No.302 of 2026 registered under Section

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 3350 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered near

                   Gandak Bandh, which is               an open place accessible to the
Patna High Court CR. MISC. No.41955 of 2026(2) dt.30-06-2026
                                            2/3




          general public and, therefore, it cannot be said that the

          alleged recovery was made from the conscious possession of

          the petitioner. It is further submitted that seizure list also

          appears doubtful being not supported by independent

          witnesses rather than by police personnel. It is also pointed

          out that the name of the petitioner surfaced solely on the

          disclosure made by the Mahal Chaukidar. The petitioner has

          four criminal antecedent of similar nature 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 Court-I-
            Patna High Court CR. MISC. No.41955 of 2026(2) dt.30-06-2026
                                                        3/3




                      cum-Additional District and Sessions Judge, Hajipur at

                      Vaishali in connection with Hajipur Sadar (Kajipur) P.S. Case

                      No.302 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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