Patna High Court
Deva RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed anticipatory bail to the petitioners subject to conditions, finding insufficient material to justify their arrest.
Summary
The petitioners, Deva Rai and his son Mithun Ray, were named in FIR No. 883 of 2025 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act relating to the recovery of 50 litres of illicit liquor from a public place. They applied for anticipatory bail, contending that the FIR was based on unnamed informants, that no material was recovered from their possession, and that they have a clean antecedent. The State opposed the bail, arguing that the petitioners are named accused and should not escape liability. The Court examined the lack of direct evidence linking the petitioners to the seized liquor and considered their clean record. It held that, in the interest of justice, anticipatory bail could be granted subject to a bail bond of Rs.10,000 and two sureties, and conditioned on surrender before the Special Judge within six weeks. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to persons named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of direct evidence.
- Whether the clean antecedent and lack of recovery from the petitioners' possession justify anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9455 of 2026
Arising Out of PS. Case No.-883 Year-2025 Thana- GAURICHAK District- Patna
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1. Deva Rai S/o Jangli Rai @ Late Jangli Rai R/o Village - Jamanpur, P.S -
Pachrukhiya (Gaurichak), District - Patna
2. Mithun Ray S/o Deva Rai R/o Village - Jamanpur, P.S - Pachrukhiya
(Gaurichak), District - Patna
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Gaurichak (Pachrukhiya) P.S. Case No. 883
of 2025 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 50 litre country made
illicit liquor was recovered from plastic gallon behind Shiv
Mandir at village Jaganpura and the nearby people disclosed
the name of petitioners who fled away from the place of
occurrence.
Patna High Court CR. MISC. No.9455 of 2026(2) dt.19-02-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
alleged in the FIR and they have falsely been implicated in
this case. From perusal of the F.I.R., it appears that source of
information is nearby people but the specific names of nearby
people have not been mentioned in the F.I.R., which questions
the authenticity of F.I.R. Except disclosure of nearby people,
there is nothing on record to demonstrate the complicity of the
petitioners in the alleged occurrence. He further submits that
petitioners were not found at the place of occurrence and
nothing has been recovered from the conscious possession of
the petitioners. It is submitted that the alleged recovery has
been made from an open place and no one was apprehended
on the spot. He further submits that the place of recovery is an
open place and the same is accessible to all and the petitioner
cannot be held liable for the alleged recovery. Seizure list has
not been made as per law. In the light of the aforesaid facts
and circumstances of the case, no case is made out against the
petitioners under the provisions of Bihar Prohibition and
Excise Act. Apart from that petitioners bear clean antecedent.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioners and submits that
Patna High Court CR. MISC. No.9455 of 2026(2) dt.19-02-2026
3/3
the petitioners are F.I.R. named accused hence, they cannot
escape from the allegation made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioners were not found at the place of occurrence,
keeping in view clean antecedent of petitioners, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
above-named, in the event of their 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 Rs.
10,000/- (rupees ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Special Judge
Excise, Patna City in connection with Gaurichak
(Pachrukhiya) P.S. Case No. 883 of 2025, subject to the
conditions as laid down under Section 482(2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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