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Patna High Court

Sanjay RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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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