Patna High Court
Raj Kumar BhartiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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