Patna High Court
Vishunjay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not shown to be in his conscious possession.
Summary
The petitioner, Vishunjay 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 Act, 2018, based on the seizure of 250 ml of liquor from a motorcycle he owned. He contended that he had no conscious possession of the liquor and that the seizure list lacked independent witnesses, emphasizing his clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the liquor was not shown to be in the petitioner's physical possession. Consequently, the court directed that the petitioner be released on bail upon surrender, subject to a bail bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged possession of illicit liquor.
- Whether ownership of the vehicle from which liquor was recovered establishes the petitioner's culpability under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- ownership vs possession
- Section 30(a)
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33683 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Vishunjay Singh S/o Sohrai Singh Resident of Village and Mohalla-
Dalalganj, P.S.- Rajpur, District- Rohtas
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr .Vinay Kumar Singh, Advocate
For the Opposite Party : Mr. Suman Kumari Singh, 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 Excise P.S. Case
No.248 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 250 ml 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 the a bike bearing Registration No. BR24Y 1737.
Patna High Court CR. MISC. No.33683 of 2026(3) dt.06-07-2026
2/3
It is also submitted that name of petitioner arrayed solely for
the reason that petitioner is the registered owner of the said
motorcycle. It is further submitted that recovery of illicit
liquor was not made from conscious possession of this
petitioner and it is also pointed out 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 Exclusive Special Judge Excise Court No. 01, Rohtas
Patna High Court CR. MISC. No.33683 of 2026(3) dt.06-07-2026
3/3
of Sasaram, in connection with Excise P.S. Case No.248 of
2026, 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/-
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