Patna High Court

Dhananjay Kumar GautamversusThe State of Bihar

Decided: 31 March 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Since the illicit liquor was not recovered from the petitioner's conscious possession and the seizure list was doubtful, bail was granted.

Summary

The petitioner, Dhananjay Kumar Gautam, 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, based on the recovery of 54 litres of liquor from a motorcycle he owned. He contended that the liquor was not in his conscious possession and that the seizure list lacked independent witness support. The State opposed bail. The court examined the facts and noted that the recovery did not appear to be from the petitioner's conscious possession and the seizure list was doubtful. Consequently, the court directed 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 Cr.P.C. and Section 482(2) of the BNSS. The bail order was directed to be complied with by the trial court handling the case.

Issues considered

Whether the petitioner is entitled to bail under Section 438 Cr.P.C. given the circumstances of the seizure.
Whether the recovery of illicit liquor can be said to be from the petitioner's conscious possession.
Whether the seizure list is reliable for establishing the charge under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
illicit liquor
prohibition law
Section 30
possession
seizure
Criminal Procedure Code
BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19040 of 2026
                     Arising Out of PS. Case No.-577 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Dhananjay Kumar Gautam Son of Harihar Prasad R/O Village- Bangarbari,
                 P.S.- Khampur, District- Deoria (U.P.).
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Javed Aslam, Adv
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   31-03-2026                     Heard the parties.

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

                   apprehending his arrest in connection with Mirganj P.S. Case No.

                   577 of 2025 registered for the offences punishable under Section

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

                                   3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 54 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that implication of petitioner with the present

                   crime in question appears only for the reason as he is the owner

                   of the motorcycle from where illicit liquor was recovered. It is

                   submitted that motorcycle was parked. It is pointed out that

                   admittedly recovery was not made from the conscious physical
               Patna High Court CR. MISC. No.19040 of 2026(2) dt.31-03-2026
                                                           2/2




                         possession of this petitioner. It is also submitted that seizure list

                         appears doubtful being not supported by independent witnesses

                         rather by police personnels.

                                     5. Learned APP, opposes the prayer for bail.

                                      6. In view of aforesaid facts and circumstances and by

                         taking note of fact as recovery of illicit liquor prima-facie not

                         appears to be made from the conscious physical possession of

                         this petitioner, accordingly the petitioner above named, in the

                         event of his arrest or surrender before the learned trial court

                         within a period of four weeks, is directed to be released on bail,

                         furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each

                         with two sureties of the like amount each to the satisfaction of

                         the learned Additional Sessions Judge-IV-cum-Special Judge,

                         Excise Court No. II, Gopalganj/concerned trial court where the

                         case is pending in connection with Mirganj P.S. Case No. 577 of

                         2025 subject to the conditions as laid down under Section 438(2)

                         of the Cr.P.C./ Section 482(2) of the BNSS.


                                                                 (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T

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