Patna High Court
UTTAM KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the recovery was not prima facie made from the petitioner's exclusive possession and, therefore, granted anticipatory bail.
Summary
Uttam Kumar was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 44 of the Bihar Prohibition and Excise Amendment Act, 2022, after 3.06 litres of liquor was recovered from his joint‑family house. The petitioner contended that the liquor was not in his exclusive possession and that the search violated Section 103(4) of the BNSS because no independent witness was present. The Additional Public Prosecutor opposed the grant of anticipatory bail. The High Court observed that the recovery did not prima facie establish the petitioner's possession and that procedural lapses in the search existed. Consequently, the Court directed that the petitioner be released on anticipatory bail upon furnishing a 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.
Issues considered
- Whether the recovery of illicit liquor establishes the petitioner's exclusive possession for the purpose of granting anticipatory bail.
- Whether the search and seizure complied with the procedural requirements of Section 103(4) of the BNSS.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 44
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- exclusive possession
- search and seizure
- Bihar Prohibition Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34341 of 2026
Arising Out of PS. Case No.-96 Year-2026 Thana- KASIMBAZAR District- Munger
======================================================
UTTAM KUMAR, Son of Vijay Mandal, Resident of Village- Lallu Pokhar,
Naglok, P.S.- Kasim Bazar and District- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar Verma, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 29-06-2026 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 Kasim Bazar P.S.
Case No.96 of 2026 registered under Sections 30(a) and 44
of the 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 3.06 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the seized liquor was recovered from the
house of the petitioner, which is a joint family property. It is
Patna High Court CR. MISC. No.34341 of 2026(3) dt.29-06-2026
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further submitted that no recovery has been effected from
the conscious and exclusive possession of the petitioner, and
there is no material on record to establish his conscious
possession of the alleged illicit liquor. It is argued that
Section 103(4) of BNSS has not been complied with qua
search of premises, inasmuch as no independent witness was
associated with the search and seizure list and the seizure
witnesses were police personnel themselves. The petitioner
has two criminal antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, 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-I,
Patna High Court CR. MISC. No.34341 of 2026(3) dt.29-06-2026
3/3
Munger in connection with Kasim Bazar P.S. Case No.96 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.)
Raushan/-
U T
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