Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, as the recovery of illicit liquor was not made from the petitioner's conscious physical possession, bail was to be granted.
Summary
The petitioner, Santosh Kumar, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 300 litres of liquor from a motorcycle. The petitioner contended that the seized liquor was not in his conscious physical possession and that his name was linked to the case only through statements of co‑accused, with the seizure list lacking independent corroboration. The State opposed the bail application. The Court examined the facts and concluded that the recovery did not arise from the petitioner's conscious possession, and therefore he was entitled to bail. Accordingly, the Court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was directed to be complied with by the Exclusive Special Excise Court No. 5, Gaya.
Issues considered
- Whether the petitioner is entitled to bail when the seized illicit liquor is not shown to be in his conscious physical possession.
- Whether the seizure list, lacking independent witnesses, is sufficient to sustain the charge.
- Whether Section 438(2) Cr.P.C. and Section 482(2) BNSS justify granting bail in this circumstance.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- prohibition act
- conscious possession
- seizure
- excise law
- Cr.P.C. Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31307 of 2026
Arising Out of PS. Case No.-213 Year-2024 Thana- SHERGHATI District- Gaya
======================================================
Santosh Kumar Son of Yadunandan Chaudhary 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
2 13-05-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sherghati P.S. Case
No. 213 of 2024 registered for the offences punishable under
Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 300 litres of IMFL/country made liquor from
motorcycle bearing reg. no. BR 02 AM 8425.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
the motorcycle, which is not connected in any manner with the
petitioner. It is submitted that name of petitioner transpired in
this case on the basis of disclosure as made by apprehended co-
accused persons. It is submitted that recovery was not made
Patna High Court CR. MISC. No.31307 of 2026(2) dt.13-05-2026
2/2
from the conscious physical possession of the petitioner. It is also
submitted that seizure list appears doubtful being not supported
by independent witnesses rather by police personnels. While
concluding the argument it is submitted that petitioner found
involved in two more cases, where he is on bail.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above and as recovery of illicit liquor prima-faice, not
appears to be made from the conscious physical possession of
this petitioner, accordingly the petitioner above named, in the
event of his arrest or surrender before the learned trial court
within a period of four weeks, is directed to be released on bail,
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 Special Excise Court No. 5, Gaya/concerned
trial court where the case is pending in connection with Sherghati
P.S. Case No. 213 of 2024 subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./ Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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