Patna High Court
Arun RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted regular bail to the petitioner.
Summary
Arun Rai was arrested in connection with the alleged recovery of 240 litres of liquor from two motorcycles, under Section 30(a) of the Excise Act. The petitioner argued that he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the seized motorcycles, despite having two prior cases under the Excise Act. He sought regular bail, assuring cooperation with the trial. The State opposed the bail application. The court, after considering the submissions, ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount, and allowed the application.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Excise Act given the facts and prior cases
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- regular bail
- liquor seizure
- prior criminal cases
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7107 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- PARSA District- Saran
======================================================
Arun Rai Son of Kamal Rai @ Kamla Ray Resident of Village- Mirzapur,
P.S.- Parsa, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Ms.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
as would manifest from the supplementary affidavit and is in
custody since 01.11.2025 and allegation is of recovery of 240
litres of liquor from two motorcycles.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
any of the seized motorcycles. It is also submitted that if
privilege of regular bail is granted, the petitioner will not
Patna High Court CR. MISC. No.7107 of 2026(2) dt.16-04-2026
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abscond rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (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 Parsa P. S. Case No.334 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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