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Patna High Court

Chakradhari RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Chakradhari Ram was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 125 litres recovered from an auto rickshaw bearing registration No. BR24 PA 7699. The petitioner contended that he had sold the auto in August 2024 and was not in conscious physical possession of the vehicle at the time of recovery, emphasizing his clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined whether the recovery was made from the petitioner's possession and considered the merits of granting anticipatory bail under Section 438 of the CrPC and Section 482 of the BNSS. Finding that the recovery was not from conscious possession and noting the petitioner's clean record, the court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of the Special Judge, Excise Court No.1, Rohtas.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
  • Whether the recovery of illicit liquor was made from the petitioner's conscious physical possession.
  • Whether the petitioner, having sold the auto prior to the recovery, can be held liable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Section 30(a)
  • clean antecedent
  • possession
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36583 of 2026
                     Arising Out of PS. Case No.-544 Year-2025 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Chakradhari Ram, S/o Chhotelal Ram @ Chhotelal Dom, R/o Village-
                 Ayarkotha, P.S- Darihat, Dist- Rohtas.
                                                                      ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajani Kant Singh, Advocate
                 For the Opposite Party/s :       Mrs. Veena Kumari Jaiswal, 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 Dehri (T) P.S.

                    Case No.544 of 2025 registered under Section 30(a) of the

                    Bihar Prohibition and Excise Amendment Act, 2022.

                                3. Allegation against the petitioner is to engage in

                    illegal trade/manufacturing of illicit liquor, where there is

                    recovery of 125 liters of IMFL/country-made liquor from

                    auto bearing Registration No. BR24 PA 7699.

                                4. It is submitted by learned counsel appearing for

                    petitioner that for technical reason, as the petitioner is still

                    the registered owner of the auto in issue, which was sold
Patna High Court CR. MISC. No.36583 of 2026(2) dt.08-06-2026
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          back in the year 2024 itself i.e. through sale letter

          (Annexure-2)          dated     24.08.2024,          the   petitioner   was

          implicated with present recovery. It is pointed out that

          admittedly recovery was not made from conscious physical

          possession and moreover auto rickshaw is a public

          transport. The petitioner claimed 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 recovery of illicit liquor prima facie

          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 Judge, Excise Court No.1,

          Rohtas at Sasaram in connection with Dehri (T) P.S. Case

          No.544 of 2025, subject to the conditions as laid down
           Patna High Court CR. MISC. No.36583 of 2026(2) dt.08-06-2026
                                                       3/3




                     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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