Patna High Court
Manager RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to conditions, finding that the circumstances did not warrant continued detention.
Summary
The petitioner, a manager, was charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly selling illicit liquor after a raid in Chapra Muffasil where the seized liquor was largely destroyed. The local chowkidar identified him as one of the persons who fled the scene, but no incriminating material was recovered from him and he was not apprehended at the spot. The petitioner, who has seven prior criminal cases, claimed innocence and argued that his continued custody since 30‑03‑2026 was unwarranted, especially after the charge sheet was filed. The State opposed bail, but the court noted the lack of direct recovery, the petitioner’s non‑apprehension at the raid, and the length of custody, and consequently ordered his release on bail with a bond of Rs.10,000 and specific conditions under Section 480(3) of the BNSS. The bail order required a close relative as one surety and mandated the petitioner’s presence in court on all dates, with cancellation provisions for non‑compliance.
Issues considered
- What is the appropriateness of granting bail to the petitioner under the circumstances of the case?
- Does the absence of direct recovery from the petitioner and his non‑apprehension at the raid justify bail despite his prior criminal antecedents?
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- illicit liquor
- prohibition law
- criminal procedure
- Section 30(a)
- Section 480(3)
- prior criminal antecedents
- custody
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42967 of 2026
Arising Out of PS. Case No.-496 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Manager Rai S/O Late Anarsi Ray R/o village - Sandha, P.s- Chapra Muffasil,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Learned counsel for the petitioner is directed to
mention the period of custody of the petitioner after paragraph
no. 3 of the petition in course of the day.
02. Heard learned counsel for the petitioner and
learned APP for the State.
03. In the present case, the petitioner seeks bail in
connection with Chapra Muffasil P.S. Case No. 496 of 2025,
registered on 01.09.2025 for the offences under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
04. As per the prosecution case, secret information
was received about four persons selling illicit liquor and a raid
was conducted at the identified place but all the miscreants fled
away from the spot. From search of the place, recovery of 40
litre of country made liquor and 300 litre of semi prepared
Patna High Court CR. MISC. No.42967 of 2026(2) dt.01-07-2026
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country made liquor was made. The semi prepared liquor got
destroyed while being taken out from the water ditch where the
same was kept. The local chowkidar identified the petitioner as
one of the persons who escaped from the spot.
05. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. Learned counsel further submits
that the petitioner was not apprehended from the spot and
nothing incriminating has been recovered from person or
possession of the petitioner. The petitioner was made accused in
this case due to his criminal antecedents as he is having
antecedent of seven cases. The petitioner is in custody since
30.03.2026 and charge sheet has been submitted.
06. Learned A.P.P. appearing for the State opposes the
submission made on behalf of the petitioner.
07. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
no recovery has been shown from him and also considering his
period of custody and submission of charge sheet, the petitioner
is directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
Patna High Court CR. MISC. No.42967 of 2026(2) dt.01-07-2026
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of the like amount each to the satisfaction of learned 1 st
Exclusive Special Excise Court, Saran at Chapra/concerned
court, in connection with Chapra Muffasil P.S. Case No. 496 of
2025, subject to the condition laid down under Section 480(3) of
the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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