Patna High Court
Pintu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor does not prima facie prove the petitioner's possession and therefore granted anticipatory bail.
Summary
Pintu Chaudhary was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after 20 litres of liquor were seized from his joint family house. The petitioner contended that the liquor was not in his conscious possession and that the search violated Section 103(4) of the BNSS because no independent witness was present. He applied for anticipatory bail, asserting a clean antecedent. The Additional Public Prosecutor opposed the bail. The court observed that the mere recovery of liquor did not prima facie establish the petitioner's possession and, considering his clean record, directed that he be released on 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 seizure of illicit liquor establishes the petitioner's conscious possession for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the search and seizure complied with the requirements of Section 103(4) of the BNSS.
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 103(4), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- search and seizure
- Bihar Prohibition Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34644 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Pintu Chaudhary, S/o Mithlesh Chaudhary, Resident of Village- Koshila, P.S.-
Bodhgaya, District- Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, 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 Magadh
University P.S. Case No.120 of 2026 registered under
Sections 30(a) 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 20 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the seized liquor was recovered from the
Patna High Court CR. MISC. No.34644 of 2026(3) dt.29-06-2026
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house of the petitioner, which is a joint family property. It is
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
claimed clean 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, who is a
man of clean antecedent 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
Patna High Court CR. MISC. No.34644 of 2026(3) dt.29-06-2026
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sureties of the like amount each to the satisfaction of the
learned Additional Sessions Judge-cum-Exclusive Special
Judge, Excise-I, Gaya Jee in connection with Magadh
University P.S. Case No.120 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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