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Patna High Court

Tetar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Petitioner Tetar Rai was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for alleged illegal manufacturing and trading of illicit liquor, with 70 litres of IMFL and 5,000 litres of Java Mahua recovered. He has been in custody since 28‑08‑2025. The petitioner argued that the seized liquor was recovered from an open place, he was not caught in possession, and the investigation is complete with a charge‑sheet already filed, reducing any risk of evidence tampering. The State opposed bail. The court noted the lack of conscious physical possession and the submission of the charge‑sheet, and consequently ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.

Issues considered

  • Whether bail should be granted in a case of alleged illegal manufacturing of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the absence of conscious physical possession and the filing of a charge‑sheet justify granting bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • illegal manufacturing
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • charge‑sheet
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83548 of 2025
                          Arising Out of PS. Case No.-44 Year-2022 Thana- BARH District- Patna
                 ======================================================
                 Tetar Rai S/O Late Lakhan Rai R/O Vill- West Malahi, P.S.- Barh, Distt-
                 Patna
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Pandey
                 For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   09-01-2026                    Heard the parties.

                                2. The petitioner seeks bail in connection with Barh P.S.

                   Case No. 44 of 2022 registered for the offence under Section

                   30(a) of the Bihar Prohibition and Excise Act, 2018.

                                3. The petitioner is named in the F.I.R. and is in custody

                   since 28.08.2025.

                                4. The allegation against the petitioner is to be engaged

                   in illegal trading/manufacturing of illicit liquor, where, there is

                   recovery of 70 litres of IMFL/country made liquor and 5000 litres

                   Java Mahua.

                                5. Learned counsel appearing on behalf of the petitioner

                   submitted that manufacturing kiln (bhatti), java mahua and

                   alleged illicit liquor appears to be recovered from an open place,

                   which is accessible by general public, and admittedly the petitioner

                   was not apprehended from spot. It is submitted that the name of
            Patna High Court CR. MISC. No.83548 of 2025(2) dt.09-01-2026
                                                        2/2




                      this petitioner was supplied by nearby locals, where the alleged

                      bhatti was operational. While concluding the argument, it has been

                      submitted that petitioner found involved in two more cases, where

                      he is on bail and moreover, investigation has been completed, for

                      which, charge-sheet has been submitted, as such, there is no

                      chance of tampering with the evidence.

                                   6. Learned APP, opposes the prayer of bail.

                                   7. In view of aforesaid factual submission and by taking

                      note of fact, as alleged recovery of illicit liquor not appears to be

                      made from the conscious physical possession of the petitioner,

                      coupled with the fact that charge-sheet has          been submitted,

                      accordingly petitioner above named, is directed to be released on

                      bail in connection with Barh P.S. Case No. 44 of 2022 on

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of learned

                      Exclusive Special Judge, Excise, Barh, Patna /concerned court,

                      subject to the conditions as mentioned under Section 480(3) of

                      BNSS.



                                            (Chandra Shekhar Jha, J)
Sudha/-
U       T


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