Patna High Court
Sanjay RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery did not constitute conscious physical possession and consequently granted bail to the petitioners.
Summary
The petitioners were named in an FIR for alleged illegal manufacture and trade of illicit liquor, involving the recovery of 120 litres of IMFL from an open river belt. They contended that their identification was based merely on suspicion arising from a local watchman's testimony and that the liquor was not in their conscious physical possession. The State opposed bail, invoking Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The court examined whether the circumstances amounted to possession sufficient to deny bail under Section 438 of the CrPC and Section 482 of the B.N.S.S. Finding that the recovery did not demonstrate conscious possession, the court ordered bail. Each petitioner was directed to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of the Special Excise Court.
Issues considered
- Whether the recovery of illicit liquor establishes conscious physical possession of the accused for bail considerations.
- Whether bail can be granted under Section 438 CrPC and Section 482 B.N.S.S. in light of the alleged offences.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- illicit liquor
- illegal trade
- possession
- CrPC 438
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9885 of 2026
Arising Out of PS. Case No.-538 Year-2025 Thana- KESARIA District- East Champaran
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1. Sanjay Rai S/o Ramagya Rai
2. Subhash Rai S/o Late Chanar Rai
3. Achhelal Rai S/o Bahadur Rai
4. Guddu Kumar S/o Nawab Rai
5. Hakim Rai S/o Hajari Rai
6. Fulena Rai S/o Rama Rai
All are R/o Village-Kadhan, Ward No.-09, P.S.- Kesariya, Distt.- East
Champaran.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Kesariya P.S.
Case No.538 of 2025 registered under Sections 274, 275 of
the BNS and Section 30(a) of the Bihar Prohibition and Excise
Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
Patna High Court CR. MISC. No.9885 of 2026(2) dt.17-02-2026
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recovery of 120 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioners that name of petitioners transpired on the
basis of suspicion arising out of disclosure made by local
Choukidar, who were said to be ran away from the place of
recovery and manufacturing of illicit liquor. It is submitted
that recovery was made from Diara area, belt of river, which
is an open place and accessible to general public.
5. Learned APP opposes the prayer of bail.
6. In view of the above-mentioned facts and
circumstances and by taking note of fact as recovery of
alleged illicit liquor prima facie not appears to be made from
conscious physical possession of petitioners, accordingly, all
above-named petitioners, in the event of their arrest or
surrender in the court below within a period of four weeks, are
directed to be released on 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 the learned
Exclusive Special Excise Court No.3, East Champaran at
Motihari in connection with Kesariya P.S. Case No.538 of
Patna High Court CR. MISC. No.9885 of 2026(2) dt.17-02-2026
3/3
2025, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the B.N.S.S.
(Chandra Shekhar Jha, J)
Sanjeet/-
U T
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