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Patna High Court

Rakesh kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the recovery did not prima facie demonstrate conscious possession by the petitioners.

Summary

The petitioners, Rakesh Kumar and Achchelal Kumar Yadav, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing and trading illicit liquor, with 203 litres recovered from a public open area. They contended that the liquor was not in their conscious physical possession and that the seizure list lacked independent witnesses, relying only on police reports and a local watchman's suspicion. The State opposed bail, arguing the seriousness of the offence and the petitioners' involvement in other criminal cases. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioners' direct possession. Consequently, the court ordered that the petitioners be released on bail upon arrest or surrender, subject to a bond of Rs.10,000 with two sureties each, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the seizure of illicit liquor establishes conscious physical possession by the petitioners for the purpose of granting bail.
  • Whether bail can be granted under Section 438(2) of the CrPC in a case under the Bihar Prohibition and Excise Act.
  • Whether the lack of independent witnesses on the seizure list warrants bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 438 CrPC
  • Section 482 BNSS
  • possession
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30187 of 2026
                   Arising Out of PS. Case No.-93 Year-2026 Thana- KESARIA District- East Champaran
                 ======================================================
           1.     Rakesh Kumar, Son of Hira Rai,
           2.    Achchelal Kumar yadav @ Achhelal Kumar Yadav, Son of Bahadur Rai
                 Both are resident of village - Kadhan, P.S.- Kesariya, Dist- East Champaran

                                                                                   ... ... Petitioners
                                                       Versus
                 The State of Bihar
                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   11-05-2026                  Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. Both accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Kesariya

                   P.S. Case No.93 of 2026 registered under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. Allegation against the petitioners is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 203 liters of country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioners that the alleged country-made liquor was

                   recovered from an open Kadhan Diyara, which is accessible
Patna High Court CR. MISC. No.30187 of 2026(2) dt.11-05-2026
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          to general public and, therefore, it can be said safely that

          recovery was not made from conscious physical possession

          of this petitioner. It is submitted that the seizure list appears

          disputed, as being not supported by independent witness

          rather by police personnel. It is pointed out that petitioner

          was implicated only on the basis of suspicion raised by local

          choukidar namely, Ram Bahadur Rai. While concluding

          argument, it is submitted that both petitioners found

          involved in three more criminal cases, where they are on

          bail.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as recovery of alleged country-made

          liquor prima facie not appears to be made from conscious

          physical possession of petitioners, accordingly, both above-

          named petitioners are directed to be released on bail, in the

          event of their arrest or surrender in the court below within a

          period of four weeks, on 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 Exclusive
           Patna High Court CR. MISC. No.30187 of 2026(2) dt.11-05-2026
                                                       3/3




                     Special Excise Court No.-3, East Champaran at Motihari in

                     connection with Kesariya P.S. Case No.93 of 2026, subject

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

                     CrPC/under Section 482(2) of the BNSS.


                                                           (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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