Patna High Court
Jayant Kumar Rai @ Bhuteli RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not shown to be from his conscious possession.
Summary
The petitioner, Jayant Kumar 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, 2018, with 55 litres of liquor recovered. He contended that he was not apprehended at the spot, had no conscious possession of the seized liquor, and that the seizure list lacked independent witness support. The Additional Public Prosecutor opposed his anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's physical possession. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bail bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was granted subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged involvement in illicit liquor trade
- Whether the seizure of liquor can be attributed to the petitioner’s conscious possession
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Section 438
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42157 of 2026
Arising Out of PS. Case No.-210 Year-2026 Thana- DORIGANJ District- Saran
======================================================
Jayant Kumar Rai @ Bhuteli Rai S/o Dhudhkari Rai R/o - Purbi Balua, P.S -
Doriganj, District - Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Raushan Raj, Advocate
For the Opposite Party : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 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 Doriganj P.S.
Case No.210 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 55 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed on the
disclosure made by co-accused, namely, Rahul Kumar, who
Patna High Court CR. MISC. No.42157 of 2026(2) dt.01-07-2026
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was apprehended at the spot. It is also submitted that
petitioner was not apprehended at the spot and the
petitioner is not in any manner connected with the seized
liquor. It is also submitted that recovery of illicit liquor was
not made from conscious possession of this petitioner. It is
also submitted that the seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, petitioner
found involved in two criminal cases, 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 Court of 3rd Exclusive Excise
Patna High Court CR. MISC. No.42157 of 2026(2) dt.01-07-2026
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Judge, Saran at Chapra, in connection with Doriganj P.S.
Case No.210 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/-
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