Patna High Court
Abhimanyu Kumar @ Manu @ Munaa KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court granted bail to the petitioner, holding that the recovery of liquor did not constitute conscious physical possession by him.
Summary
The petitioner, Abhimanyu Kumar, was named in an FIR for alleged illegal trading and manufacturing of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, with a recovery of 69.120 litres of English wine. The petitioner contended that the liquor was recovered from an open public place and not from his conscious physical possession, and that his name was supplied by a co‑accused. The State opposed the bail application, arguing the seriousness of the offence. The Court examined the factual submissions and noted the lack of direct possession by 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 order effectively disposed of the bail petition.
Issues considered
- Whether the petitioner’s alleged involvement in the illicit liquor trade amounts to conscious physical possession sufficient to deny bail
- Whether bail can be granted under the circumstances of the recovery of liquor from a public place
- Application of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and Section 482(2) of the BNSS in granting bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- bail
- illicit liquor
- prohibition act
- possession
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19061 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Abhimanyu Kumar @ Manu @ Munaa Kumar S/o- Late Harendra Prasad @
Harindra Prasad @ Hrendr Prsad Vill- Dhumariya Ps- Bairiya Dist- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Gupta
For the Opposite Party/s : Mr.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bairiya P.S. Case No.
92 of 2026 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 69.120 litres of English Wine.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that alleged recovery of illicit liquor was
made from an open place accessible by general public, therefore,
it can be safely said that recovery of illicit liquor was not made
from the conscious physical possession of this petitioner, who was
not apprehended on spot and his name was disclosed by
apprehended co-accused person namely, Abhimanyu Kumar only.
Patna High Court CR. MISC. No.19061 of 2026(2) dt.31-03-2026
2/2
While concluding arguments, it is submitted that above named
petitioner is a man of clean antecedent.
5. Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of alleged illicit liquor prima-facie
not appears to be made from the conscious physical possession of
the petitioner, accordingly petitioner above-named, 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 1st Bettiah, West Champaran /concerned Court,
where the case is pending in connection with Bairiya P.S. Case
No. 92 of 2026, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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