Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the liquor was not recovered from the petitioner's conscious physical possession.
Summary
The petitioner, Chandan Kumar, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, 2022, with 50 litres of liquor recovered from a motorcycle registered in his name. He contended that the vehicle was lent to a friend, Bipin Kumar, and that he did not have conscious physical possession of the liquor at the time of recovery. The prosecution opposed his bail application, noting that the petitioner was already on bail in another criminal case. The court examined whether the recovery of liquor from a vehicle owned by the petitioner, but not in his possession, satisfied the possession element required for the offence. Concluding that the liquor was not recovered from his conscious possession, the court directed that he be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner can be granted bail when the alleged illicit liquor was recovered from a vehicle registered in his name but not in his conscious possession
- Whether the facts satisfy the elements of an offence under Section 30(a) of the Excise Act, 2022
Legislation cited
- BNSS — s. 482(2)
- Excise Act, 2022 — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- possession
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31169 of 2026
Arising Out of PS. Case No.-104 Year-2026 Thana- AMAS District- Gaya
======================================================
Chandan Kumar Son of Jugdev Sao @ Jagdev Saw Resident of Village -
Gulni, P.S.- Gurua, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 08-06-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Amas P.S. Case
No. 104 of 2026 registered for the offences punishable
under Section 30(a) of Excise Act, 2022.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 50 litres of IMFL/country made
liquor
4. It is submitted by learned counsel appearing on
behalf of the petitioner that recovery of alleged illicit liquor
was made from motorcycle bearing registration no. BR02BM
6274, of which petitioner was the registered owner and for
said reason only he was implicated with the present case. It
is submitted that the aforesaid motorcycle was given to his
friend namely, Bipin Kumar, who misused it. It is further
Patna High Court CR. MISC. No.31169 of 2026(3) dt.08-06-2026
2/2
submitted that recovery of alleged illicit liquor was not made
from the conscious physical possession of this petitioner.
While concluding arguments, it is submitted that petitioner
found involved in one more criminal case where he is on bail.
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 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 Exclusive Spl. Excise court no. 5, Gaya
/concerned Court, where the case is pending in connection
with Amas P.S. Case No. 104 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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