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Patna High Court

Raj Kumar BhartiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted on the ground that the allegations were founded on suspicion and the petitioner had no direct possession of the contraband.

Summary

The petitioner, Raj Kumar Bharti, sought bail after the police recovered 8 litres of illicit mahua liquor from his joint family house in connection with an alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution argued that the seizure indicated his involvement, while the petitioner contended that the liquor was not found in his personal possession and that the seizure memo lacked two independent witnesses. The court noted the absence of physical possession, the joint family nature of the property, and the petitioner’s clean criminal record, concluding that the case was based largely on suspicion. Considering these factors, the court ordered that the petitioner be released on bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar Narcotic and Substance (B.N.S.S.) Act, 2023. The bail order also required the petitioner to cooperate with the investigation and allowed for cancellation of the bond if a concealed criminal antecedent were discovered.

Issues considered

  • Whether bail should be granted when the alleged offence is based on seizure from a joint family property without the accused’s physical possession
  • Whether the lack of two independent witnesses to the search and seizure memo warrants bail

Legislation cited

Subjects

  • bail
  • suspicion
  • joint family property
  • search and seizure
  • excise law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10938 of 2026
                       Arising Out of PS. Case No.-332 Year-2025 Thana- IMAMGANJ District- Gaya
                 ======================================================
                 Raj Kumar Bharti Son of Sibal Bhuiyan @ Sibal Bharti R/O Vill- Nauduha,
                 P.O.- Beduauli, P.S.- Imamganj, Gaya, Bihar- 824210

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prashant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nitya Nand Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                          Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                   3. As per the prosecution case, the recovery is of 8

                   liters of illicit mahua liquor from the house of the petitioner.

                                   4. Learned counsel for the petitioner submits that

                   the name of the petitioner has surfaced in the case on account of

                   suspicion. No recovery has been made from the physical and

                   conscious possession of the petitioner rather there is recovery

                   from a house which is a joint family property. There is no

                   independent witness to the said seizure list and the petitioner has

                   no criminal antecedent.
Patna High Court CR. MISC. No.10938 of 2026(2) dt.17-02-2026
                                            2/3




                             5. The application is opposed by the learned APP

          for the State.

                       6. Considering the fact that no recovery has been

          made from physical conscious possession of the petitioner and

          recovery has been made from a house which is a joint family

          property, the possibility of petitioner being implicated on the

          basis of suspicion cannot be ruled out and further given the fact

          that the search and seizure memo is not witnessed by two

          independent witnesses and also petitioner is a person with clean

          antecedent, let the petitioner, above named, in the event of his

          arrest or surrender before the Court below within four weeks, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned Court of Exclusive Special Excise Court

          No. 02, Gaya Ji in connection with Imamganj P.S. Case No. 332

          of 2025, subject to the condition laid down under Section 438

          (2) of the Code of Criminal Procedure/Section 482 (2) of the

          B.N.S.S., 2023 and subject to the further condition that:-

                       (i)     the    petitioner      shall    co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case it is found that
          Patna High Court CR. MISC. No.10938 of 2026(2) dt.17-02-2026
                                                      3/3




                    the petitioner has concealed his criminal antecedent, the Court

                    below shall take step for cancellation of bail bond of the

                    petitioner. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-

U


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