Patna High Court
Ram Bachan Kumar @ Ram Bechan MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the prima facie evidence did not show conscious physical possession by the petitioner.
Summary
The petitioner, Ram Bachan Kumar, was named in an FIR for alleged possession of 77.760 litres of illicit liquor and alleged illegal manufacturing under the Bihar Prohibition and Excise Act. He argued that his inclusion was based solely on suspicion and hostile statements from neighbours, and that he had no connection to the vehicle or the seized liquor. The State opposed his request for anticipatory bail. The court examined whether the recovery of liquor could be said to be in the petitioner's conscious physical possession and found that it was not evident on the face of the case. Consequently, the court ordered that the petitioner be granted anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs the bail to be effected within four weeks of arrest or surrender.
Issues considered
- What is the applicability of anticipatory bail under Section 438 Cr.P.C. when the alleged possession of illicit liquor is based only on suspicion?
- Whether the recovery of illicit liquor can be said to be in the conscious physical possession of the petitioner for the purpose of denying bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- suspicion
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36621 of 2026
Arising Out of PS. Case No.-130 Year-2026 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Ram Bachan Kumar @ Ram Bechan Mukhiya Son of Jagadish Mukhiya @
Jagdeesh Mukhiya Resident of Village- Jahangirpur, Ward No. 2, P.S.-
Runnisaidpur, District- Sitamarhi.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Runnisaidpur P.S.
Case No. 130 of 2026 registered for the offences punishable
under Sections 30(a) and 32(3) of the Bihar Prohibition and
Excise Act.
3. The allegation against the petitioner is to have in
possession of 77.760 litres of illicit liquor and engaged in
illegal trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that petitioner was implicated with the present case
only on the basis of suspicion and disclosure made by local
people and neighbours who are in inimical terms with this
Patna High Court CR. MISC. No.36621 of 2026(2) dt.08-06-2026
2/2
petitioner. It is pointed out that petitioner neither connected with
the vehicle in issue nor with the recovered illicit liquor. While
concluding argument, it is submitted that petitioner found
involved in one criminal case, in which he is on bail.
5. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie
not appears to be made from conscious physical possession of
this petitioner, accordingly, above-named petitioner, in the event
of his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Exclusive Special Excise Court No. II, Sitamarhi/
concerned court in connection with Runnisaidpur P.S. Case No.
130 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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