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Patna High Court

Prince KumarversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, holding that the seizure did not prima facie arise from his possession.

Summary

The petitioner, Prince Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under the Bihar Prohibition and Excise Act, with a seizure of 4,274 litres of liquor from four vehicles. The petitioner contended that none of the seized liquor was found in his physical possession and that the seizure list lacked independent witness testimony, relying only on a local watchman's statement. The Additional Public Prosecutor opposed the petitioner's request for anticipatory bail. The court examined whether the mere inclusion of the petitioner’s name in the FIR and the seizure, without proof of possession, justified denial of bail. Finding that the recovery did not prima facie arise from the petitioner’s possession, the court granted anticipatory bail subject to a bond and sureties under Section 482(2) of the BNSS. The petitioner was ordered to surrender within four weeks and comply with the bail conditions.

Issues considered

  • Whether anticipatory bail can be granted when the seized illicit liquor is not shown to be in the petitioner's possession.
  • Whether the inclusion of the petitioner's name in the FIR and seizure list, without independent corroboration, suffices to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • excise law
  • seizure
  • possession
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34588 of 2026
                       Arising Out of PS. Case No.-46 Year-2026 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Prince Kumar, S/o Late Bachcha, Resident of village - Tiegadih, P.S- Kartaha,
                 Dsitirct - Vaishali

                                                                                      ... ... Petitioner
                                                        Versus
                 The state of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nachiketa Jha, Advocate
                                          :        Mr. Ankur Agraj, Advocate
                 For the Opposite Party/s :        Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   10-07-2026                          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 Karja P.S. Case

                   No.46 of 2026 registered under Sections 30(a), 41 and 47

                   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 4274 litres and 160 ml of IMFL/country-made

                   liquor.

                                 4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.34588 of 2026(3) dt.10-07-2026
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          four vehicles bearing Registration No. BR06PB-0691,

          Registration No. MH03AW-6094, Registration No. BR06GD-

          2255 and Registration No. NL01AE-5956. It is further

          submitted that nothing has been recovered from the

          conscious possession of the petitioner. It is further submitted

          that seizure list also appears doubtful being not supported by

          independent witnesses rather than by police personnel. It is

          also pointed out that the name of the petitioner surfaced

          solely on the disclosure made by a local Chaukidar. The

          petitioner has four criminal antecedent of similar nature, in

          which, he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking 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
            Patna High Court CR. MISC. No.34588 of 2026(3) dt.10-07-2026
                                                        3/3




                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Exclusive Special Judge, Excise-II,

                      Muzaffarpur in connection with Karja P.S. Case No.46 of

                      2026, subject to the conditions as laid down under Section

                      482(2) of the BNSS.


                                                              (Chandra Shekhar Jha, J.)
    Raushan/-

U       T


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