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Patna High Court

Subedar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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