Patna High Court
Keshav Bharti @ Chanchal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties and specified conditions.
Summary
The petitioner, Keshav Bharti, was arrested for alleged possession of 121.53 litres of foreign liquor recovered from the courtyard of his house, invoking Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was not in his conscious or physical possession, that he had no knowledge of its presence, and that the seizure violated mandatory search‑and‑seizure provisions because the location was an open, publicly accessible area. The State opposed bail, citing a prior similar offence, although the petitioner was already on bail for that case. The Court examined the facts, noted the procedural irregularities in the seizure and the lack of direct possession, and considered the bail‑granting principles despite the antecedent. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to cooperation with the investigation and a family member as one bailor.
Issues considered
- Whether the alleged seizure of foreign liquor violated mandatory provisions of search and seizure, thereby affecting bail eligibility.
- Whether the petitioner’s lack of knowledge and physical possession of the liquor precludes criminal liability under Section 30(a).
- Whether a prior similar criminal antecedent justifies denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- search and seizure
- possession
- Bihar Prohibition and Excise Act
- foreign liquor
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36345 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- MANJHAUL District- Begusarai
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Keshav Bharti @ Chanchal Kumar S/o Diwakar Kumar @ Mangal Singh R/o
Village - Manjhaul - 1, Chaudhiya Tola, Ward No. 3, P.S - Manjhaul, District
– Begusarai. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Perusal of the first information report and the seizure
list would go to show that 121.53 liters of foreign liquor is said
to have been recovered from a bag kept in the courtyard of the
petitioner.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the conscious or physical
possession of the petitioner. The house of the petitioner is
inhabited by his several family members and he had no
knowledge of keeping of the said liquor in the courtyard. As a
matter of fact, the place of recovery is an open place and easily
accessible to anyone, hence no liability can be fixed on the
petitioner. There is violation of the mandatory provisions of the
Patna High Court CR. MISC. No.36345 of 2026(2) dt.09-06-2026
2/2
search and seizure as there is no independent witness to the
seizure list. Petitioner has been languishing in custody since
14.04.2026.
5. Learned APP for the State opposes the bail
petition on the ground that the petitioner has one criminal
antecedent of similar nature of the offence. In response, it is
submitted on behalf of the petitioner that he is on bail in the said
case.
6. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is violation of mandatory provisions of search and seizure, the
above named petitioner is directed to be enlarged 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 Court below where the case is pending/successor Court
in connection with Manjhaul P.S. Case No. 54 of 2026, subject
to the further condition that:
(i) The petitioner shall cooperate in the investigation/trial.
(ii) The one of the bailors will be a family member/close
relative.
(Soni Shrivastava, J)
Trivedi/-
U T
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