Patna High Court
Kunal RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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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