Patna High Court

Harendra RaiversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner as the recovery did not demonstrate conscious physical possession.

Summary

The petitioner, Harendra Rai, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 66 litres of liquor recovered from a kiosk. The petitioner contended that the seized liquor was not in his conscious physical possession and that the kiosk was unrelated to him, also challenging the reliability of the seizure list which relied on police testimony. The State opposed bail, arguing the seriousness of the offence. The court examined the evidence and found that the recovery did not establish the petitioner's actual possession, and therefore granted bail subject to a bond of Rs.10,000 with two sureties, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the BNSS. The bail order was directed to be implemented by the Special Judge Excise, 3rd Saran at Chapra.

Issues considered

Whether the petitioner was in conscious physical possession of the illicit liquor seized under the Bihar Prohibition and Excise Act.
Whether bail should be granted in view of the evidentiary deficiencies and the petitioner's pending cases.

Legislation cited

BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
illicit liquor
possession
Section 30
Prohibition Act
Criminal Procedure Code
Excise

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9888 of 2026
                       Arising Out of PS. Case No.-366 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Harendra Rai S/o Bhola Rai @ Bhola Yadav R/o Village - Chakiya / Chakia,
                 P.S - Doriganj, District - Saran
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajit Kumar Singh
                 For the Opposite Party/s :       Mr.Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026                    Heard the parties.

                                   2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Doriganj P.S. Case

                   No.366 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

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 66 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made from

                   the kiosk (gumti). It is further submitted that kiosk ( gumti) in

                   issue is not connected in any manner with petitioner. It is

                   submitted that recovery is not made from conscious physical

                   possession of the petitioner. It is also submitted that seizure list
               Patna High Court CR. MISC. No.9888 of 2026(2) dt.17-02-2026
                                                           2/2




                         appears doubtful being not supported by independent witnesses

                         rather by police personnels. While concluding the argument it is

                         submitted that petitioner found involved in two more cases, where

                         he is on bail.

                                          5. Learned APP, opposes the prayer for bail.

                                          6. In view of the facts and circumstances as

                         mentioned above as recovery of illicit liquor not appears to be

                         made from the conscious physical possession of this petitioner,

                         accordingly the petitioner above named, in the event of his arrest

                         or surrender before the learned trial court within a period of four

                         weeks, is directed to be released on bail, 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     Special Judge

                         Excise, 3rd Saran at Chapra/concerned trial court where the case

                         is pending in connection with Doriganj P.S. Case No.366 of 2025

                         subject to the conditions as laid down under Section 438(2) of the

                         Cr.P.C./ Section 482(2) of the BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T

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