Patna High Court
Ram Anek RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The petitioner is entitled to anticipatory bail as the alleged seizure does not prima facie constitute his conscious possession of the illicit liquor.
Summary
The petitioner, Ram Anek Ray, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of liquor, based on the seizure of 117 litres of illicit liquor from two motorcycles, one of which he owned. He contended that the motorcycle was being used by a family member and that he had no conscious possession of the liquor, and he sought anticipatory bail. The Additional Public Prosecutor opposed the bail. The High Court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's direct possession. Consequently, the Court granted anticipatory bail, directing his release on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS Act. The order was made pending the petitioner's surrender or arrest within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged possession of illicit liquor.
- Whether the seizure of liquor can be said to be from the petitioner's conscious possession for the purpose of denying bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30
- Section 438
- Section 482
- excise law
- possession
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44791 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- SURSAND District- Sitamarhi
======================================================
Ram Anek Ray S/o Garib Ray R/o Village - Narha Kala, P.S. - Bajpatti, Dist. -
Sitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Santosh Kumar, Advocate
For the Opposite Party : Mr. Arun Kumar Singh, 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 not named in the FIR
and apprehending his arrest in connection with Sursand P.S.
Case No.25 of 2026 registered under Section 30(a) of 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 117 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from two motorcycles bearing Registration No.
Patna High Court CR. MISC. No.44791 of 2026(2) dt.07-07-2026
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BR30AS 2402 and BR030R 4036 which were involved in
carrying illegal consignment of liquor. It is also submitted
that name of petitioner arrayed solely for the reason that he
is the owner of one of the said motorcycle. It is further
argued that the petitioner’s motorcycle was taken by his
family member, namely, Harish Chandra Kumar for some
personal work. It is also submitted that recovery of illicit
liquor was not made from conscious possession of this
petitioner. It is also submitted that the seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. 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 the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, 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
Patna High Court CR. MISC. No.44791 of 2026(2) dt.07-07-2026
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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
No.2, Sitamarhi, in connection with Sursand P.S. Case No.25
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.)
Aniket/-
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