Patna High Court

Ashutosh Kumar @ MantuversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that, in the absence of recovery of illicit liquor from the petitioner's conscious physical possession, bail should be granted subject to the conditions of Section 482(2) of the BNSS.

Summary

The petitioner, Ashutosh Kumar, 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, 2018, with 225 litres of liquor reportedly recovered. The petitioner argued that the liquor was not seized from his conscious physical possession and that the seizure list was based only on police statements without independent witnesses. The State opposed bail, contending the seriousness of the offence. The court examined the factual submissions and noted the lack of direct possession evidence, concluding that the recovery was not prima facie against the petitioner. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS. The bail order was made to the satisfaction of the Special Judge, Excise Court No. 1, Aurangabad.

Issues considered

Whether bail should be granted to the petitioner despite the alleged recovery of illicit liquor.
Whether the seizure of liquor, not made from the petitioner's conscious physical possession, suffices to justify denial of bail.
Whether the conditions under Section 482(2) of the BNSS are applicable in granting bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

bail
illicit liquor
illegal manufacturing
Section 30(a)
Section 482(2)
conscious physical possession
excise law
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10832 of 2026
                    Arising Out of PS. Case No.-153 Year-2022 Thana- KUTUMBA District- Aurangabad
                 ======================================================
                 Ashutosh Kumar @ Mantu S/o Sanjay Kumar Singh @ Prabhu Singh R/o
                 Village- Balia, PS- Amba, District- Aurangabad
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Birendra Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   13-02-2026                    Heard the parties

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

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

                   No. 153 of 2022 registered for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 225 litres of IMFL/country made

                   liquor

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner was not apprehended

                   on spot, it can be safely said that no illicit liquor as alleged

                   was recovered from the conscious physical possession of this

                   petitioner. It is submitted that petitioner found involved in one
              Patna High Court CR. MISC. No.10832 of 2026(2) dt.13-02-2026
                                                          2/2




                        more criminal case where he is on bail. It is also pointed out

                        that seizure list appears disputed being supported by police

                        personal and not by independent witnesses.

                                     5. Learned APP opposes the prayer of bail.

                                     6. In view of aforesaid factual submission and by

                        taking note of fact as as recovery prima-facie of illicit liquor

                        has not been made from the conscious physical possession of

                        the petitioner, accordingly above-named petitioner, in the

                        event of his arrest or surrender before the court below within

                        a period of four weeks, 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 Spl. Judge, Excise Court No. 1, Aurangabad

                        /concerned Court, where the case is pending in connection

                        with Kutumba P.S. Case No. 153 of 2022, subject to the

                        conditions as laid down under Section 482(2) of BNSS.



                                                                   (Chandra Shekhar Jha, J)
Sudha/-

U         T

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