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Patna High Court

Sourabh Kumar TiwaryversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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