Patna High Court
Ramesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of liquor did not constitute prima facie possession by the petitioner, warranting the grant of bail.
Summary
The petitioner, Ramesh Ray, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Sections 30(a) and 37 of the Excise Act, with 30 litres of liquor recovered from a field near his house. The petitioner argued that the liquor was not in his physical possession and that he had a clean antecedent, seeking bail. The State opposed the bail application, noting that the petitioner was already on bail in two other criminal matters. The court examined the factual matrix and held that the recovery did not prima facie establish possession by the petitioner, and therefore bail could be granted. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the recovery of illicit liquor from a field adjacent to the petitioner’s house establishes sufficient prima facie possession to deny bail.
- Whether the petitioner is entitled to bail under the inherent powers of the High Court (Section 482(2) of the BNSS) despite pending charges under the Excise Act.
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a), 37
Subjects
- bail
- excise law
- illicit liquor
- possession
- Section 482
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45995 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- BHELDI District- Saran
======================================================
Ramesh Ray S/O Late Sabha Ray R/O Village- Hakma, P.O. and P.S- Bheldi,
Distt.- Saran at Chapra- 841419.
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bheldi P.S. Case
No. 156 of 2026 registered for the offences punishable under
Section 30(a), 37 of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 30 litres of IMFL/country made liquor
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor is made from
the maize field, towards north side of the house of the
petitioner, which is accessible by general public, where nothing
recovered from the conscious physical possession of the
petitioner. While concluding arguments, it is submitted that
Patna High Court CR. MISC. No.45995 of 2026(2) dt.10-07-2026
2/2
petitioner found involved in two more criminal cases where he
is on bail.
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as recovery of illicit liquor prima-
facie not appears to be made from the physical possession of
the petitioner, who is a man of clean antecedent, accordingly
petitioner above-named, in the event of his arrest or surrender
before the court below within a period of four weeks, is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Addl. Sessions
Judge cum Exclusive Spl. Court, Excise Act 1 st, Saran at
Chapra /concerned Court, where the case is pending in
connection with Bheldi P.S. Case No. 156 of 2026, subject to
the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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