Patna High Court
Prince KumarversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable and Settlement Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41, 47
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
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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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