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Patna High Court

Kunal RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the recovery of illicit liquor was not shown to be in the petitioner's physical possession.

Summary

The petitioner, Kunal Raj, 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, with 107.385 litres of liquor recovered. He contended that he was implicated only because he is the registered owner of the seized vehicle and that no liquor was found in his personal possession. The Additional Public Prosecutor opposed his request for anticipatory bail. The court observed that the recovery of liquor did not appear to be from the petitioner's physical possession and, despite his two prior criminal antecedents, found no sufficient ground to deny bail. Consequently, the court directed that the petitioner 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 made pending his arrest or surrender within four weeks.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when the accused is not in physical possession of the contraband.
  • Whether ownership of a vehicle used in the alleged offence suffices to justify denial of bail under the Bihar Prohibition and Excise Act, Section 30(a).

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • physical possession
  • bail bond
  • criminal antecedent
  • Section 30(a)
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34482 of 2026
                  Arising Out of PS. Case No.-24 Year-2026 Thana- BANNUBAGICHA District- Lakhisarai
                 ======================================================
                 Kunal Raj, S/o Jai Prakash Chourasiya, Resident of Village - Churamanbigha,
                 P.S - Chanan, District - Lakhisarai

                                                                                   ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, 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 Bannubagicha P.S.

                   Case No.24 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 107.385 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the petitioner has been implicated as an accused

                   solely on the ground that he is the registered owner of the Car

                   alleged to have been seized in connection with the present
            Patna High Court CR. MISC. No.34482 of 2026(3) dt.29-06-2026
                                                        2/2




                      case. It is submitted that nothing has been recovered from the

                      conscious possession of the petitioner. 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       District     and     Additional   Sessions   Judge-

                      VII-cum- Exclusive Special Excise-II, Lakhisarai in connection

                      with Bannubagicha P.S. Case No.24 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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