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Patna High Court

Vishunjay SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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/-
U       T


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