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Patna High Court

Manish ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, holding that the seizure violated Section 103 of the B.N.S.S. Act and the liquor was not in the petitioner’s constructive possession.

Summary

Manish Thakur applied for anticipatory bail after the police seized 4.32 litres of foreign liquor from an open area near his house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner contended that the seizure was made in a public space, not within his premises, and that the police failed to comply with the mandatory procedures of Section 103 of the B.N.S.S. Act. The State opposed the bail, arguing the alleged offence. The court examined whether the liquor was recovered from the petitioner’s constructive possession and whether the statutory search requirements were violated. Finding that the liquor was not seized from the petitioner’s premises and that Section 103 was not complied with, the court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted when the seizure of alleged illicit liquor is made from an open space not constituting the petitioner’s premises
  • Whether the police complied with the mandatory provisions of Section 103 of the B.N.S.S. Act during the search and seizure
  • Whether the petitioner was in constructive possession of the seized liquor

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • search and seizure
  • Section 103
  • constructive possession
  • Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18070 of 2026
                      Arising Out of PS. Case No.-106 Year-2025 Thana- Bahoranpur District- Bhojpur
                 ======================================================
                 Manish Thakur S/o Late Sunil Thakur Resident of Village- Chakki Nauranga,
                 P.S.- Bahoranpur, District- Bhojpur,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Bahoranpur P.S. Case No.106 of 2025, F.I.R

                   dated 23.10.2025 registered for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition and Excise Amendment

                   Act, 2018.

                                3. As per the prosecution case, In brief, the

                   prosecution case is that on 23.10.2025, during evening patrol,

                   the informant received secret information that the petitioner,

                   Manish Thakur, was engaged in the purchase and sale of liquor

                   outside his house at village Chamarpur. Acting on the

                   information and after informing higher officials, the informant,

                   along with Mahal Chowkidar Prabhans Rai and the police team,
Patna High Court CR. MISC. No.18070 of 2026(2) dt.25-03-2026
                                            2/3




          proceeded to the spot and found one person near the petitioner’s

          house concealing certain articles kept on the ground. On seeing

          the police, the said person fled and, despite an attempt to

          apprehend him, escaped by taking advantage of darkness,

          bushes, and flood water, though he was identified in the bulb

          light by the Mahal Chowkidar as the petitioner. Thereafter, in

          presence of police personnel, 4.32 litres of foreign liquor was

          recovered from the place and seized, and a seizure list was

          prepared accordingly.

                       4. Learned counsel for the petitioner submits that the

          recovery has been made outside the house of the petitioner,

          which is an open space, which is accessible to all. It has further

          been submitted that the search and seizure is said to have been

          made without adhering to the procedures / provisions prescribed

          under Section 103 of the B.N.S.S. Act. Lastly, it has been

          submitted that the petitioner has one criminal antecedent in

          which he is on bail and is ready to abide by the terms and

          conditions in case the privilege of anticipatory bail is extended

          in their favour.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Regard being had to the submission made by the
           Patna High Court CR. MISC. No.18070 of 2026(2) dt.25-03-2026
                                                       3/3




                     parties, taking into consideration the fact that illicit liquor has

                     not been recovered from the constructive possession and / or

                     premises belonging to the petitioner and there is violation of

                     mandatory provisions of Section 103 of the B.N.S.S. Act,

                     accordingly, this Court is inclined to grant anticipatory bail to

                     the petitioner.

                                  7. Let the petitioner, above named, be released on

                     anticipatory bail in the event of arrest or surrender before the

                     court below within a period of four weeks from today on

                     furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                     two sureties of the like amount each to the satisfaction of

                     learned Exclusive Special Excise Judge, Excise Act, Court No.1,

                     Bhojpur, Ara, in connection with Bahoranpur P.S. Case No.106

                     of 2025 subject to the condition as laid down under Section

                     482(2) of the B.N.S.S., 2023.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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