Patna High Court
Mitranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioners as the recovery did not demonstrate conscious possession.
Summary
The petitioners, three relatives from Sukarbeg Chak, were named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing and trading illicit liquor, with 807.925 liters recovered from an open maize field belonging to petitioner No.3. The petitioners contended that the liquor was not in their conscious physical possession because the field is a public place and they have clean antecedents. The Additional Public Prosecutor opposed their request for anticipatory bail. The Court examined the factual submissions and noted that the recovery did not prima facie indicate possession by the petitioners. Consequently, the Court directed that the petitioners be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the recovery of illicit liquor from an open field constitutes conscious physical possession sufficient to deny anticipatory bail.
- Whether anticipatory bail is appropriate under Section 438 CrPC in the present facts.
- Whether the provisions of Section 482(2) of the BNSS are applicable to the bail order.
Legislation cited
- Bihar Negotiable Instruments (or related) Statute — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36514 of 2026
Arising Out of PS. Case No.-238 Year-2026 Thana- KHUSRUPUR District- Patna
======================================================
1. Mitranjan Kumar S/o Biyendra Singh @ Bijendra Singh @ Munna Singh @
Munna Yadav
2. Bhutta Kumar @ Amar Kumar @ Anand Kumar S/o Biyendra Singh @
Bijendra Singh @ Munna Singh @ Munna Yadav
3. Bijendra Singh @ Biyendra Singh, S/o Late Anuj Singh @ Anup Singh
All are resident of Village - Sukarbeg Chak, P.S. - Khusrupur, District
-Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Khusrupur
P.S. Case No.238 of 2026 registered under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 807.925 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel that recovery
Patna High Court CR. MISC. No.36514 of 2026(2) dt.08-06-2026
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was made from open maize field of petitioner no.3
whereafter the name of petitioners have been disclosed by
nearby people out of local dispute and differences. It is
pointed out that petitioner nos.1 and 2 are son of petitioner
no.3 and merely as they are son of petitioner no.3, they
were implicated with present recovery of illicit liquor. It is
pointed out that the maize field is an open place, which is
accessible by general public and therefore, it can be safely
said that recovery of illicit liquor was not made from
conscious physical possession of the petitioners.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
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 conscious physical possession
of the petitioners, rather from an open maize field,
accordingly, all above-named petitioners, who are of clean
antecedent, in the event of their arrest or surrender in the
court below within a period of four weeks from today, are
directed to be released on bail on furnishing bail bond of
Patna High Court CR. MISC. No.36514 of 2026(2) dt.08-06-2026
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Rs.10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Special Judge, Excise, Patna City in connection with
Khusrupur P.S. Case No.238 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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