Patna High Court
Binod Purve @ Binod Kumar PurveversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the recovery did not prima facie demonstrate conscious physical possession by the petitioner.
Summary
The petitioner, Binod Purve, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor, with 82.2 litres of country-made liquor recovered from the roof of his house. The prosecution argued that he was involved in offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, and opposed bail. The petitioner’s counsel contended that the liquor was recovered from an open roof, not from the petitioner’s conscious physical possession, and highlighted his clean antecedent. The court examined whether the facts established a prima facie case of possession necessary for bail denial. Concluding that conscious possession was not demonstrated, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the recovery of illicit liquor from an open roof establishes conscious physical possession by the accused for the purpose of bail.
- Whether bail can be granted under Section 438(2) of the Criminal Procedure Code in the absence of a prima facie case of possession.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- possession
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36530 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- GHOGHARDIHA District- Madhubani
======================================================
Binod Purve @ Binod Kumar Purve S/O Mohan Purve R/O Vill.- Amahi, P.S-
Ghoghardiha, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 15-06-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Ghoghardiha P.S.
Case No. 78 of 2026 registered for the offences punishable under
Sections 274 and 275 of the BNS and Section 30 (a) of the Bihar
Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 82.2 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that alleged recovery of illicit liquor was
made from the roof of the house, which is an open place and
easily accessible by general public. It is submitted that recovery
was not made from conscious physical possession of the
Patna High Court CR. MISC. No.36530 of 2026(2) dt.15-06-2026
2/2
petitioner, who is a man of clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor prima-facie not
appears to be made from the conscious physical possession of
this petitioner, accordingly the petitioner above named, in the
event of his arrest or surrender before the learned trial court
within a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge, Excise Act Jhanjharpur,
Madhubani/concerned trial court where the case is pending in
connection with Ghoghardiha P.S. Case No. 78 of 2026 subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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