Patna High Court
Nand Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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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