Patna High Court
Sourabh Kumar TiwaryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that bail should be granted as the alleged liquor was not in the petitioner's conscious physical possession.
Summary
The petitioner, Sourabh Kumar Tiwary, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, 2018, with 397.15 litres of liquor recovered. The prosecution alleged that the petitioner was involved because the seized liquor was found in a Scorpio vehicle owned by him, though the liquor was not in his conscious physical possession. The petitioner’s counsel argued that ownership of the vehicle alone does not constitute possession and highlighted his clean antecedents. The Assistant Public Prosecutor opposed bail. The Court observed that the recovery was not made from the petitioner's direct possession and, applying Section 482(2) of the CrPC, directed that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions. Bail was thus granted pending further trial.
Issues considered
- Whether the petitioner is entitled to bail when the alleged illicit liquor was not found in his conscious physical possession.
- Whether Section 482(2) of the CrPC can be invoked to grant bail in this circumstance.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Excise Act, 2018 — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- possession
- Section 30(a)
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30078 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- TANDWA District- Aurangabad
======================================================
Sourabh Kumar Tiwary s/o Sanjay Tiwari @ Sanjay Kumar Tiwary R/o vill -
Piprdih, P.S.- Tandwa, Distt.- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Jai Narain Thakur, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 10-06-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Tandwa P.S. Case
No. 22 of 2026 registered for the offences punishable under
Section 30(a) of 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 397.15 litres of IMFL/country
made liquor
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner implicated with
present recovery of illicit liquor only for the reason that he is
the owner of the Scorpio vehicle which was alleged to
involve in carrying of illicit liquor. It is submitted that
Patna High Court CR. MISC. No.30078 of 2026(3) dt.10-06-2026
2/2
admittedly recovery of alleged illicit liquor was not made
from the conscious physical possession of this petitioner.
Petitioner claimed 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 2 nd,
Aurangabad /concerned Court, where the case is pending in
connection with Tandwa P.S. Case No. 22 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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