Patna High Court
Jai Rai @ Jai Narayan RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Jai Rai, sought anticipatory bail after being implicated in a case (Malsalami P.S. Case No. 76 of 2025) under Sections 37 and 30(a) of the Bihar Prohibition and Excise Act, 2022, for alleged possession of illicit Mahua liquor recovered from an e‑rickshaw. The prosecution alleged that 30 litres of liquor were found in the vehicle, which the petitioner owned, and the driver was intoxicated. The petitioner contended that he was not present at the scene, had no control over the vehicle at the time, and had no criminal record, arguing that the co‑accused Shyam Babu was actually driving the e‑rickshaw. The State opposed the bail, asserting that ownership of the vehicle made the petitioner liable. Considering the petitioner’s clean antecedent, lack of personal possession of the contraband, and absence from the incident, the court granted anticipatory bail subject to a bail bond and sureties under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the owner of a vehicle from which illicit liquor was recovered, when he was not present at the scene and has no possession of the contraband.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8913 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Jai Rai @ Jai Narayan Rai Son of Late Ganga Rai R/o Kila Road, P.S. -
Chowk, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prince Khatri, Advocate
For the Opposite Party/s : Mrs.Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Malsalami P.S. Case No. 76 of 2025, registered
for the offence punishable under Sections 37/30(a) of Bihar
Prohibition and Excise Act, 2022.
3. As per prosecution-case, 30 litre Mahua liquor was
recovered from the E-rickshaw and the driver was also
apprehended in intoxicated condition.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. He further submits that E-rickshaw in
question was driven by co-accused Shyam Babu and petitioner’s
vehicle has been misused by the driver and illicit liquor was
Patna High Court CR. MISC. No.8913 of 2026(2) dt.18-02-2026
2/3
allegedly recovered from the vehicle for which petitioner cannot
be held liable. Petitioner has nothing to do with the alleged
occurrence. Petitioner was neither found at the place of
occurrence nor anything incriminating has been recovered from
the conscious possession of the petitioner and he is not, in any
way, connected with the illicit recovery, as is evident from
paragraph 7 of the bail petition. In the light of aforesaid facts
and circumstances, no offence is made out against the petitioner.
Apart from that, petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that petitioner, being the owner of the vehicle in
question, cannot escape from the allegations made in the F.I.R.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of the petitioner,
petitioner was not found at the place of occurrence, there is no
recovery from the conscious possession of the petitioner,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail-bond of
Patna High Court CR. MISC. No.8913 of 2026(2) dt.18-02-2026
3/3
Rs.10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise,
Patna City in connection with Malsalami P.S. Case No. 76 of
2025, subject to the conditions as laid down under Section
482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
Checking your session…