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Patna High Court

Jayant Kumar Rai @ Bhuteli RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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/-
U       T


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