Patna High Court
UPENDRA CHAUDHARYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the recovery of liquor did not prima facie show conscious physical possession by the petitioner, and therefore granted anticipatory bail.
Summary
The petitioner, Upendra Chaudhary, 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 15 litres of liquor recovered from a field belonging to him. The petitioner contended that the field was an open, public area and that the recovery did not demonstrate his conscious physical possession of the liquor. He applied for anticipatory bail, while the Additional Public Prosecutor opposed the relief. The Court examined the factual submissions and held that the recovery, on a prima facie basis, did not establish conscious possession by the petitioner. Consequently, the Court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of 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 of the petitioner for the purpose of denying anticipatory bail.
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC in view of the allegations under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36552 of 2026
Arising Out of PS. Case No.-75 Year-2026 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
Upendra Chaudhary, S/o Rameshwar Chaudhary, Resident of Village-
Pahariya, P.S.-Shekhopur Sarai, District - Sheikhpura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mrs. Asha Devi, 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 Shekhopur P.S.
Case No.75 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 15 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from boring site of the field, which belongs to the
petitioner. It is submitted that as the place was open, it was
Patna High Court CR. MISC. No.36552 of 2026(2) dt.08-06-2026
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accessible by general public and, therefore, the recovery of
illicit liquor cannot be said to be made from conscious physical
possession of this petitioner. It is pointed out that petitioner
found involved in two more criminal cases, where he is on bail.
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 conscious physical possession of this
petitioner, 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,
Sheikhpura in connection with Shekhopur Sarai P.S. Case
No.75 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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