Patna High Court
Shailendra Rai @ Shalendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the liquor was not recovered from the petitioner's conscious possession, the court granted bail.
Summary
The petitioner, Shailendra Rai, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, with 624 litres recovered from an open field. Counsel argued that the liquor was not in the petitioner's conscious physical possession and that his name was supplied by a local chowkidar. The State opposed the bail application, citing the petitioner’s involvement in other criminal cases. The High Court observed that the recovery did not prima facie establish possession by the petitioner and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the BNSS. The bail order was directed to be complied with by the Special Excise Judge, Saran.
Issues considered
- Whether the recovery of illicit liquor establishes conscious physical possession by the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether bail should be granted to the petitioner pending trial.
- Whether the FIR naming the petitioner based on a chowkidar’s disclosure suffices for arrest.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 482(2)
Subjects
- bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43421 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- ISUAPUR District- Saran
======================================================
Shailendra Rai @ Shalendra Kumar Son of Sheojee Rai R/o Village - Lauwa,
P.S.- Isuapur, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar Tiwary
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard the parties.
2. The petitioner is named in FIR and apprehending
their arrest in connection with Isuapur P.S. Case No. 128 of
2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 624 litres of liquid spirit from the place of
occurrence.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor is made from
the open field like bamboo bush (banswari), which is accessible
by general public, where nothing recovered from the conscious
physical possession of the petitioner. It is further submitted
that the name of petitioner surfaced on the basis of disclosure
made by local chowkidar. It is also pointed out that recovery of
illicit liquor was not made from physical possession of this
Patna High Court CR. MISC. No.43421 of 2026(2) dt.03-07-2026
2/2
petitioner. While explaining criminal antecedent, it is submitted
that petitioner found involved in three more criminal cases,
where he is on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submission as
recovery of illicit liquor prima-facie not appears to be made
from the conscious physical possession of this petitioner,
accordingly, both above named petitioners, in the event of
their arrest or surrender before the learned trial Court, within a
period of four weeks of the order, is directed to be released on
bail furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to
the satisfaction of the learned 3rd Exclusive Special Excise
Judge, Saran at Chapra/concerned Court, where the case is
pending in connection with Isuapur P.S. Case No. 128 of 2026,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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