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Patna High Court

Raghunath SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs. 10,000 and two sureties, under Section 482(2) of the CrPC.

Summary

The petitioner, Raghunath Sah, was implicated in a case (PS Case No. 98 of 2025) for alleged illegal manufacturing and trading of illicit liquor after 18 litres of IMFL/Mahua were recovered from his motorcycle. He argued that he was only the registered owner of the vehicle and had no conscious possession of the liquor, emphasizing his clean antecedent. The Additional Public Prosecutor opposed his bail application. The Court examined the facts and noted that the recovery did not appear to be from the petitioner's conscious possession, and considering his clean record, directed that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the CrPC. The bail order was directed to be complied with by the Exclusive Special Judge Excise, Madhubani.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illicit liquor manufacturing

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • possession
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9764 of 2026
                     Arising Out of PS. Case No.-98 Year-2025 Thana- KHIRHAR District- Madhubani
                 ======================================================
                 Raghunath Sah S/O Shyam Sah R/O Village - Khirhar ward no . 17 , P.s-
                 Khirhar , District – Madhubani.                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravi Prakash, Advocate
                 For the Opposite Party/s :      Mr.Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Khirhar P.S. Case No. 98 of 2025 registered for

                   the offences punishable under Section 30(a)                   of    the Bihar

                   Prohibition and Excise Act.

                                3. The allegation against the petitioner is to be engaged

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

                   recovery of 18 litres of IMFL/Mahua liquor from the motorcycle.

                                4. Learned counsel appearing on behalf of the petitioner

                   submitted that implication of this petitioner is only for the reason

                   that he is the registered owner of the alleged motorcycle, from

                   where recovery of alleged illicit liquor was made. It is submitted

                   that petitioner is a man of clean antecedent.
              Patna High Court CR. MISC. No.9764 of 2026(2) dt.17-02-2026
                                                          2/2




                                     5. Learned APP opposed the prayer of bail.

                                     6. Considering the aforesaid facts and circumstances as

                        recovery of illicit liquor prima facie not appears to be made from

                        the conscious physical possession of this petitioner, who is a man

                        of clean antecedent, accordingly, above named petitioner, in the

                        event of his arrest or surrender before the learned trial Court,

                        within a period of four weeks of the order, is directed to be

                        released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Exclusive Special Judge Excise,

                        Madhubani/concerned Court, where the case is pending in

                        connection with Khirhar P.S. Case No. 98 of 2025, subject to the

                        conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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