Patna High Court
Sirki RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the recovery of illicit liquor was not prima facie linked to the petitioner’s conscious possession and he is of clean antecedent.
Summary
Sirki Ray was arrested in connection with PS case No.447 of 2020 for alleged offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, involving the alleged illegal manufacture and trade of illicit liquor. The prosecution recovered 40 litres of IMFL/Mahua liquor from a motorcycle and alleged that the petitioner was involved in the contraband. The petitioner contended that the motorcycle and the liquor were not linked to him and that he did not have conscious physical possession of the liquor, emphasizing his clean antecedent and that he was already on bail in another case. The Additional Public Prosecutor opposed bail, arguing the seriousness of the offence. The High Court, after considering that the recovery was not prima facie from the petitioner’s possession and noting his clean record, exercised its inherent powers under Section 482(2) to direct his release on bail with a bond of Rs.10,000 and two sureties, subject to surrender within four weeks. The order thus granted bail to the petitioner.
Issues considered
- Whether bail can be granted when the alleged contraband is not in the accused’s conscious physical possession.
- Whether the petitioner’s clean antecedent and pending bail in another case justify bail under Section 482(2).
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9782 of 2026
Arising Out of PS. Case No.-447 Year-2020 Thana- RIVILGANJ District- Saran
======================================================
Sirki Ray S/o Shankar Ray, Resident of Village- East Daliyawan, P.S.- Nagar,
District- Saran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, 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 Riviliganj P.S. Case No. 447
of 2020 registered for the offences punishable under
Sections 30(a/41(1) 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 40 litres of
IMFL/Mahua liquor from the motorcycle.
4. Learned counsel appearing on behalf of the
petitioner submitted that the alleged recovered
motorcycle not appears to be connected in any
manner with this petitioner, and as such, it can be
Patna High Court CR. MISC. No.9782 of 2026(2) dt.17-02-2026
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safely said that recovery of alleged illicit liquor not
appears to be made from his conscious physical
possession. It is submitted that petitioner found
involved in one more criminal case, where he is on bail.
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 2nd Exclusive Special Excise Judge, Saran at
Chapra/concerned Court, where the case is pending in
connection with Riviliganj P.S. Case No. 447 of 2020,
subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Patna High Court CR. MISC. No.9782 of 2026(2) dt.17-02-2026
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