Patna High Court
Neeraj Kumar @ Niraj SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding that the allegations were based on suspicion and that the liquor was not recovered from his conscious possession.
Summary
The petitioner, Neeraj Kumar, was named in an FIR for alleged offences under Sections 30(a), 32(ii), 36 and 41(1) of the Excise Act relating to the illegal manufacture and trade of illicit liquor, with 4,437 litres recovered. He contended that he was neither the owner nor the driver of the vehicle from which the liquor was seized and that his identification was based solely on the testimony of a local watchman who saw him fleeing with three unknown persons. The petitioner argued that the recovery was not made from his conscious physical possession and that bail should not be denied merely on the basis of his prior criminal cases. The court observed that the evidence linked the petitioner to the crime only on suspicion and that the liquor was not found in his direct possession. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether bail can be granted when the accused is not found in conscious physical possession of the alleged illicit liquor
- Whether suspicion and prior criminal antecedents alone justify denial of bail
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a), 32(ii), 36, 41(1)
Subjects
- bail
- Excise Act
- illicit liquor
- suspicion
- prior criminal antecedents
- Section 482
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29143 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- SIKARPUR District- West Champaran
======================================================
Neeraj Kumar @ Niraj Sah S/o Late Shambhu Sah R/o vill - Purani Bazar
Narkatiyaganj, P.S.- Shikarpur, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr .Rakesh Kumar, Adv.
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-05-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Shikarpur P.S.
Case No. 113 of 2026 registered for the offences punishable
under Section 30(a), 32(ii), 36, 41(1) Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 4437 litres of IMFL/country
made liquor.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is neither owner nor
the driver and also not connected in any manner with vehicle
and illicit liquor which alleged to be recovered from the
Patna High Court CR. MISC. No.29143 of 2026(2) dt.11-05-2026
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truck, in issue. It is submitted that mere on the basis of
suspicion as he was found fleeing away from the place of
recovery alongwith three unknown persons, where he was
identified by local chawkidar, he was implicated with present
recovery of illicit liquor. It is submitted that local c hawkidar
failed to name another three person who also found fleeing
from the place of recovery but as this petitioner found
involved in 11 more criminal cases of similar nature, where
he is on bail, mere on the basis of said suspicion he was
implicated with present case. It is submitted that admittedly
the recovery of illicit liquor was not made from the conscious
physical possession of this petitioner.
5. It is further submitted by learned counsel that
if the merit of case appears in favor of petitioner, mere on
the basis of criminal antecedents ordinarily bail of petitioner
should not be rejected, in support of his submission learned
counsel relied upon the legal report of Hon’ble Supreme
Court as available through Prabhakar Tewari vs. State of
Uttar Pradesh and Anr. reported in (2020) 11 SCC 648.
6. Learned APP, opposes the prayer of bail.
Patna High Court CR. MISC. No.29143 of 2026(2) dt.11-05-2026
3/3
7. In view of aforesaid factual submission and by
taking note of fact as the recovery of alleged illicit liquor
prima-facie not appears to be made from the conscious
physical possession of this petitioner, where implication of
this petitioner also appears primarily raised on the basis of
suspicions as per disclosure of local chawkidar as discussed
aforesaid, 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 Exclusive Special Judge, Excise Court II,
Bettiah /concerned Court, where the case is pending in
connection with Shikarpur P.S. Case No. 113 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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