Patna High Court
Manager RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner should be granted bail because he was not found in possession of the liquor and the recovery was from a place not belonging to him.
Summary
The petitioner, Manager Rai, was charged under Section 30(a) of the Bihar Excise Act for alleged recovery of large quantities of liquor and Mahua Pass. He has seven prior excise cases and has been in custody since 29 May 2026. The petitioner argued that he was not apprehended at the spot, no liquor was found in his possession, and the recovery occurred on property not belonging to him, alleging that the police mechanically implicated him based on a chowkidar's statement. The State opposed bail. The court considered these submissions and found that the lack of direct possession and the circumstances of the recovery warranted release on bail, subject to bond and sureties. Accordingly, the petitioner was ordered to be released on bail upon furnishing a Rs.5,000 bond with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Excise Act given the facts of alleged recovery and prior cases.
- Whether the absence of possession and the nature of the recovery justify granting bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Section 30
- liquor seizure
- criminal procedure
- possession
- prior cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47974 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Manager Rai Son of Late Anarsi Ray R/o Village- Sadha, P.S.- Chapra
Muffasil, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash
For the Opposite Party/s : Mr. Aditya Narayan Singh.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases under the Excise Act
and is in custody since 29.05.2026 and allegation is of recovery
of 100 liters of liquor from a place near a bond and 23.25 liters
of liquor from Sadha Chawar along with 1000 liters of Mahua
Pass which was destroyed at the spot.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.47974 of 2026(2) dt.10-07-2026
2/2
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of Chowkidar with
whom he is on an inimical term. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Chapra
Muffasil P.S. Case No. 96 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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