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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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