Allowed¶22

Dilip Rai v. The State of Bihar

Patna HC23 Apr 2025CR. MISC./20546/2025

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail granted; Bihar Prohibition and Excise (Amendment) Act, 2018, S. 30(a); illicit liquor; IMFL recovery of 50 litres from open field; conscious physical possession; Hemjapur P.S. Case No. 05 of 2025; Munger; Special Judge Excise-1; Section 438(2) Cr.P.C.; Section 482(2) BNSS; bail bond Rs. 10,000/- with two like sureties; Patna High Court Criminal Miscellaneous No.20546 of 2025; decided 23-04-2025; Chandra Shekhar Jha, J.

What did the court decide?

Pre-arrest (anticipatory) bail granted: petitioner to be released on bail upon arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge Excise-1, Munger/concerned Court, subject to conditions under Section 438(2) of the Cr.P.C./482(2) of the BNSS. ¶22

Dilip Rai Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who is named in the F.I.R. in Hemjapur P.S. Case No. 05 of 2025 (offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018) and apprehends arrest, should be released on bail in the event of his arrest or surrender. +1 more

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Court's answer

Accordingly, the petitioner, in the event of his arrest or surrender before the learned trial Court within four weeks of the order, is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge Excise-1, Munger/concerned Court, subject to the conditions laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

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Ratio / Principle

Taking note of the record, recovery of the illicit liquor prima facie did not appear to have been made from the conscious physical possession of the petitioner (the liquor having been recovered from an open field).

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Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.), oral order dated 23-04-2025 in Criminal Miscellaneous No.20546 of 2025 (arising out of Hemjapur P.S. Case No. 05 of 2025, District Munger): Dilip Rai, named in the F.I.R. for offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 on allegations of illegal trading/manufacturing of illicit liquor with recovery of 50 litres of IMFL, apprehended arrest and sought bail. The Court found that the illicit liquor, recovered from an open field, prima facie did not appear to have been recovered from the petitioner's conscious physical possession; noting that he was involved in two more criminal cases of different nature in which he was on bail, and that the learned APP opposed the bail prayer, the Court directed that, on arrest or surrender within four weeks, the petitioner be released on bail furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-1, Munger/concerned Court, subject to the conditions laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20546 of 2025

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Arising Out of PS. Case No.-5 Year-2025 Thana- Hemjapur District- Munger

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======================================================

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Dilip Rai S/O Late Narayan Rai R/O Village- Shivkund, P.S- Hemjapur, Distt.- Munger.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar Choudhary, Advocate For the Opposite Party/s : Mr.Abhay Kumar, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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2 23-04-2025

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Heard learned counsel appearing on behalf of the

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petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

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The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Hemjapur P.S. Case No. 05 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

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The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 50 litres of IMFL from the field.

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Considering the submission and perusal of record, it appears that illicit liquor recovered from an open field, denying

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Patna High Court CR. MISC. No.20546 of 2025(2) dt.23-04-2025 2/2

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prima facie recovery of illicit liquor from conscious physical possession of this petitioner. Petitioner said to be involved in two more criminal cases but of different nature, where he is on bail.

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Learned APP opposed the prayer of bail.

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Considering the aforesaid facts and circumstances

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and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, 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 Special Judge Excise-1, Munger/concerned Court, where the case is pending in connection with Hemjapur P.S. Case No. 05 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

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veena/-

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U T

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(Chandra Shekhar Jha, J)

Dilip Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dilip Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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