Patna High Court
Subedar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions.
Summary
Subedar Singh was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 after 55.245 litres of liquor were recovered from a motorcycle he owned. He contended that he had no conscious possession of the liquor and that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed his request for anticipatory bail. The High Court, noting the lack of direct possession and the petitioner's clean antecedent, directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether ownership of a vehicle used to transport illicit liquor makes the owner liable for anticipatory bail denial.
- Whether the recovery of liquor without proof of conscious possession satisfies the requirements of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- possession
- bail conditions
- Section 30(a)
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32791 of 2026
Arising Out of PS. Case No.-976 Year-2025 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Subedar Singh S/O - Late Shayam Narayan Singh R/O vill - Jamaniya, P.S -
Jamaniya,Dist- Gazipur(U.P)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Kiran Kumari Sharma, Advocate
For the Opposite Party : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 06-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Bhabhua P.S.
Case No.976 of 2025 registered under Section 30(a) of
Bihar Prohibition and Excise ( Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 55.245 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from a motorcycle bearing Registration No. UP 61L
Patna High Court CR. MISC. No.32791 of 2026(3) dt.06-07-2026
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9017. It is also submitted that name of petitioner arrayed
solely for the reason that petitioner is the owner of the said
vehicle which was involved in carrying illegal consignment of
liquor. It is further submitted that recovery of illicit liquor
was not made from conscious possession of this petitioner. It
is further argued that the seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Special Exclusive Judge Excise- I, Kaimur at
Patna High Court CR. MISC. No.32791 of 2026(3) dt.06-07-2026
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Bhabhua, in connection with Bhabhua P.S. Case No.976 of
2025, 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.)
Aniket/-
U T
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