Patna High Court

Rajdev RaiversusThe State of Bihar

Decided: 1 July 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted anticipatory bail, finding no prima facie possession and noting the petitioner's clean antecedent.

Summary

The petitioner, Rajdev Rai, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 5.460 litres seized behind his house. He contended that the liquor was stored in an open area accessible to the public, thus not in his conscious possession, and that the seizure list lacked independent witness support, relying only on villagers' statements. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie establish possession by the petitioner, who also has a clean antecedent. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted when the alleged seizure of illicit liquor does not establish conscious possession of the accused.
Whether the petitioner can be held liable under Section 30(a) of the Bihar Prohibition and Excise Act based on the facts presented.
Whether the seizure list, lacking independent witness corroboration, is sufficient to sustain the charge.

Legislation cited

Bihar Negotiable Instruments (or related) Special Statutes (BNSS) — s. 482(2)
Bihar Prohibition and Excise Act — s. 30(a)
Criminal Procedure Code — s. 438(2)

Subjects

anticipatory bail
illegal liquor
possession
Bihar Prohibition and Excise Act
Section 30(a)
clean antecedent
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42862 of 2026
                 Arising Out of PS. Case No.-179 Year-2026 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Rajdev Rai, Son of Late Narayan Rai, Resident of village - Amar Chhatauni,
                 P.S.- Chhatauni, District - East Champaran.

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Navin Kumar Pandey, 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 Chhatauni P.S.

                   Case No.179 of 2026 registered under Section 30(a) of the

                   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 5.460 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered

                   behind the house of the petitioner, which is an open place
Patna High Court CR. MISC. No.42862 of 2026(2) dt.01-07-2026
                                            2/3




          accessible to the 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 local villagers. The

          petitioner claimed clean antecedent.

                       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, who is a

          man of clean antecedent, 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, Motihari, East
            Patna High Court CR. MISC. No.42862 of 2026(2) dt.01-07-2026
                                                        3/3




                      Champaran in connection with Chhatauni P.S. Case No.179

                      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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