Patna High Court
RAJA SINGH @ ASHISH RAJversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not prima facie link the petitioner to the offence and he has a clean antecedent.
Summary
The petitioner, Raja Singh, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, after 321.84 litres of liquor were seized from a vehicle. The petitioner contended that he neither owned the vehicle nor was caught in possession of the liquor, and that his name was supplied only by local informants and his father. The Additional Public Prosecutor opposed anticipatory bail, arguing the seriousness of the offence. The court observed that the seizure did not prima facie establish the petitioner's possession or involvement and noted his clean antecedent. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the seized liquor does not prima facie establish his possession or involvement.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- prohibition act
- section 30
- possession
- clean antecedent
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46035 of 2026
Arising Out of PS. Case No.-211 Year-2026 Thana- DESARI District- Vaishali
======================================================
RAJA SINGH @ ASHISH RAJ, Son of Dinesh Singh, Resident of village -
Rampur Kumharkol, P.S.- Desari (Sahdeai), District - Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 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 Desari(Sahdeai)
P.S. Case No.211 of 2026 registered under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act,2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 321.84 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a Car bearing Registration No. BR31AD-0291. It is further
Patna High Court CR. MISC. No.46035 of 2026(2) dt.10-07-2026
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submitted that the petitioner is neither the owner of the
seized vehicle nor was he apprehended on the spot, and not
on the basis of any material demonstrating his conscious
possession, involvement or complicity in the alleged offence.
It is further submitted that the name of the petitioner
surfaced solely on the disclosure made by local people and
even by father, namely, Dinesh Singh. 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.46035 of 2026(2) dt.10-07-2026
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sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court No.-1-cum-Additional
District & Sessions Judge, Vaishali at Hajipur in connection
with Desari(Sahdeai) P.S. Case No.211 of 2026, subject to
the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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