Patna High Court
Srikant Rai @ Umakant Rai @ Kallu Rai @ Srikant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Srikant Rai, was charged under Sections 414 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act for alleged possession of 330 litres of illicit liquor and two seized motorcycles at a joint family house. He has eight prior criminal cases, five under the excise act, and has been in custody since September 3, 2025. The petitioner argued that he was not caught in the act, no liquor was found in his conscious possession, and his alleged involvement stems only from being the brother of the house owners, making the property a joint family asset. The State opposed bail, citing the seriousness of the offences and his criminal antecedent. The court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, directing compliance with the trial court.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences under IPC and the Bihar Excise Act.
- Whether the petitioner’s alleged involvement can be established given the joint family ownership of the property and lack of conscious possession.
Legislation cited
- Indian Penal Code — s. 34, 414
Subjects
- bail
- IPC
- excise act
- illegal liquor
- joint family property
- criminal antecedent
- possession of stolen property
- common intention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90869 of 2025
Arising Out of PS. Case No.-62 Year-2020 Thana- RAGHOPUR District- Vaishali
======================================================
Srikant Rai @ Umakant Rai @ Kallu Rai @ Srikant Yadav Son of Sanjivan
Rai R/o Sukumarpur, P.S. - Raghopur(Rustampur O.P.), P.O. - Jahangirpur,
District - Vaishali, and presently R/O Locality - Baglodan Gali (Mangal
Talab), P.S. - Chowk, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 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 Sections 414 and 34 of the Indian
Penal Code read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases out of which five cases
are under the excise act and allegation is of recovery of 330
liters of liquor from the house of Ramakant Ray and two
motorcycles were seized.
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 is not the
Patna High Court CR. MISC. No.90869 of 2025(2) dt.30-01-2026
2/2
owner of any of the seized vehicles and he came to be
implicated based on the fact that he is brother of Ramakant and
Jaikant. It is also submitted that the house in question is a joint
family property, as such, it cannot be alleged with certainty that
it was petitioner who had kept the liquor in the house or the
liquor kept in the house was within his knowledge, but since
petitioner has criminal antecedent under the excise act, as such,
he also came to be implicated. It is also submitted that petitioner
is in custody since 03.09.2025.
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.
10,000/- (Rupees Ten 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 Raghopur
(Rustampur O.P.) P.S. Case No. 62 of 2020.
(Satyavrat Verma, J)
Rishabh/-
U T
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