Patna High Court
Manjay PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the recovery of illicit liquor did not prima facie show conscious physical possession by the petitioner.
Summary
Manjay Prasad 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, with 15.60 litres of liquor recovered from an open area behind his shop. The petitioner argued that the liquor was not in his conscious physical possession and that his name was linked only through a co‑accused’s disclosure. The State opposed bail, contending the seriousness of the offence. The Court examined the facts and found that the recovery did not demonstrate conscious possession by the petitioner. Consequently, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner had conscious physical possession of the illicit liquor recovered.
- Whether bail should be granted under the circumstances of the case.
Legislation cited
- Bihar Negotiable Instruments (or related) Special Statute (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31473 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- GHORASAHAN District- East
Champaran
======================================================
Manjay Prasad S/o Ramanand Prasad @ Ramananad Ray Resident of village
- Jagiraha Kothi, Ward No. 11, P.S - Ghorasahan, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
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 Ghorasahan P.S. Case
No. 110 of 2026 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
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 15.60 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
behind the shop, which is an open place and easily accessible by
general public and, therefore, it can be said safely that recovery
of illicit liquor not appears to be made from the conscious
physical possession of this petitioner. It is submitted that name of
Patna High Court CR. MISC. No.31473 of 2026(2) dt.13-05-2026
2/2
petitioner transpired in this case on the basis of disclosure as
made by apprehended co-accused person namely Prince Kumar.
While concluding the argument it is submitted that petitioner is a
man of clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor prima-facie 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. 3, I/C Civil Court,
East Champaran, Motihari/concerned trial court where the case is
pending in connection with Ghorasahan P.S. Case No. 110 of
2026 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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