Patna High Court
Tetar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 480(3)
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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