Sukhal Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48160 of 2026 Arising Out of PS. Case No.-163 Year-2026 Thana- PANAPUR District- Saran ====================================================== Sukhal Raut, S/o Late Jagdish Raut, R/ Vill.- Kondh Bhagawanpur, P.S.- Panapur, Dist.- Saran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Panapur P.S. Case No.163 of 2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibtion and Excise Act, 2022 (Amendment).
3. The accused/petitioner is named in the FIR and is in custody since 15.05.2026.
4. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 10 liters of IMFL/country-made liquor.
5. It is submitted by learned counsel appearing for petitoner that the name of petitioner arrayed solely on the
Patna High Court CR. MISC. No.48160 of 2026(2) dt.10-07-2026 2/3 basis of disclosure made by the local Chowkidar. It is further submitted that the recovery of alleged illicit liquor was made from the bush, which is an open place and accessible by general public, and, therefore, it can be safely said that the recovery of alleged illicit liquor was not made from conscious physical possession of this petitioner. It is pointed out that seizure list appears doubtful being not supported by independent witnesses rather by police personnel. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP opposed the prayer for grant of bail to the petitioner.
7. In view of aforesaid factual submissions and by taking note of fact as recovery of alleged illicit liquor prima facie not appears to be made from physical possession of this petitioner, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 15.05.2026, accordingly, the petitioner,
Patna High Court CR. MISC. No.48160 of 2026(2) dt.10-07-2026 3/3 above-named, 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 Court of 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Panapur P.S. Case No.163 of 2026, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T