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Patna High Court

Nand Kumar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Nand Kumar 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 240 litres seized from a bike and a tempo. The petitioner contended that none of the liquor was found in his personal possession and that his name appeared only in the statements of co‑accused Mukesh Kumar and Tinku Rai. He also highlighted his clean antecedent and argued that the seizure list lacked independent corroboration. The Additional Public Prosecutor opposed the grant of anticipatory bail. The Court observed that the recovery of liquor was not made from the petitioner's physical possession and, considering his clean record, directed that he be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner when the seized illicit liquor was not found in his direct possession.
  • Whether the petitioner’s clean antecedent and lack of personal recovery of liquor justify bail under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • seizure
  • possession
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44746 of 2026
                       Arising Out of PS. Case No.-591 Year-2020 Thana- DANAPUR District- Patna
                 ======================================================
                 Nand Kumar Rai, Son of Rameshwar Rai, Resident of Village- Chitnawa
                 Bagicha, P.S. -Maner, District- Patna

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satish Chandra, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   07-07-2026                         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 Danapur P.S.

                   Case No.591 of 2020 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 240 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the 40 litres of seized illicit liquor was

                   recovered from a Bike bearing Registration No. BR01BY-
Patna High Court CR. MISC. No.44746 of 2026(2) dt.07-07-2026
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          1469 and also 200 litres of seized illicit liquor recovered

          from a Tempo bearing Registration No. BR01PK-7121. It is

          further submitted that nothing has been recovered from the

          conscious possession of the petitioner. It is further submitted

          that the name of the petitioner surfaced solely on the

          disclosure statement made by co-accused namely, Mukesh

          Kumar and Tinku Rai. It is also pointed out that seizure list

          appears doubtful being not supported by independent

          witnesses rather than by police personnel. 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 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
            Patna High Court CR. MISC. No.44746 of 2026(2) dt.07-07-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of the

                      learned Exclusive Special Excise Judge, Danapur at Patna in

                      connection with Danapur P.S. Case No.591 of 2020, 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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