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Patna High Court

Ravi Bhushan Kumar @ Bhushan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not made from his conscious physical possession and he has a clean antecedent.

Summary

The petitioner, Ravi Bhushan Kumar, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 200 litres recovered from two motorcycles. The prosecution’s case relied on a co-accused’s disclosure, but no liquor was found in the petitioner’s physical possession and he has a clean antecedent. The petitioner sought anticipatory bail, which the State opposed. The court noted the lack of direct possession and the petitioner’s clean record, and applied the provisions of Section 438(2) of the CrPC and Section 482(2) of the BNSS. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of anticipatory bail. The bail order is conditional upon surrender to the Special Excise Court within four weeks.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 of the CrPC in a case where the accused is not found in physical possession of the alleged illicit liquor?
  • Whether the petitioner’s clean antecedent and lack of direct possession justify granting anticipatory bail despite the FIR under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • physical possession
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36500 of 2026
                    Arising Out of PS. Case No.-81 Year-2026 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Ravi Bhushan Kumar @ Bhushan Ray, S/o Kamlesh Ray, Resident of Village-
                 Chhaukiya, P.S.- Ganga Bridge, District- Vaishali
                                                                          ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-06-2026                  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 Ganga Bridge P.S.

                   Case No.81 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 200 liters of IMFL/country-made liquor from two

                   different motorcycles.

                                4. It is submitted by learned counsel that the name

                   of petitioner transpired on the basis of disclosure made by

                   apprehended co-accused, namely, Nokha Rai. It is pointed out

                   that admittedly recovery of illicit liquor was not made from
           Patna High Court CR. MISC. No.36500 of 2026(2) dt.08-06-2026
                                                       2/2




                     physical possession of this petitioner, who is a man of 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 prima facie recovery of illicit liquor not

                     appears to be made from conscious physical possession of this

                     petitioner, who is a man of clean antecedent, 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 Exclusive

                     Special     Excise     Court      No.-1-cum-District   and   Additional

                     Sessions Judge, Vaishali at Hajipur in connection with Ganga

                     Bridge P.S. Case No.81 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.)
    Sanjeet/-

U     T


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