Patna High Court
ANSHU CHAUDHARY @ASHU CHAUDHARYversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the mere recovery of liquor from a bag does not establish conscious possession, and therefore bail was warranted.
Summary
The petitioner, Anshu Chaudhary, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacturing and trading of illicit liquor, based on the recovery of 50 litres of IMFL/Mahua liquor from a jute bag found beside a road. The petitioner argued that the liquor was not in his conscious physical possession and that the accusation was based merely on suspicion raised by locals and a watchman. The Additional Public Prosecutor opposed bail, contending the seriousness of the offence. The High Court examined whether the recovery of liquor from the bag amounted to possession sufficient to deny bail. Finding that the evidence did not demonstrate conscious possession by the petitioner, the Court exercised its inherent powers under Section 482(2) of the BNSS to grant bail, directing the petitioner to be released on a bond of Rs. 10,000 with two sureties. The order was made subject to the conditions laid down by the trial court.
Issues considered
- Whether the recovery of illicit liquor from a jute bag constitutes conscious physical possession sufficient to deny bail under the Bihar Prohibition and Excise Act.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the BNSS to grant bail in the circumstances.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- bail
- illicit liquor
- possession
- Section 30(a)
- Section 482
- High Court inherent powers
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36680 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- DAUDPUR District- Saran
======================================================
Anshu Chaudhary @ ASHU Chaudhary S/O Mundrika Chaudhary R/O
Village - Ariyaon, P.S- Daudpur, District – Saran.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bishwajeet Singh, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Daudpur P.S. Case No. 67 of 2026 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 50 litres of IMFL/Mahua liquor from the Jute
bag.
4. Learned counsel appearing on behalf of the
petitioner submitted that the alleged recovery of illicit liquor was
made from a Jute bag, which was found thrown beside the road.
It is submitted that merely on the basis of disclosure and
Patna High Court CR. MISC. No.36680 of 2026(2) dt.08-06-2026
2/2
suspicion raised by nearby people and local chaukidar, the
petitioner was implicated falsely with present recovery of illicit
liquor. It is pointed out that petitioner found involved in one more
criminal case of similar nature, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances
as recovery of illicit liquor prima facie not appears to be made
from the conscious physical possession of this petitioner,
accordingly, above named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a period of four
weeks of the order, is directed to be released on bail furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge cum Exclusive Special Court Excise
Act-I, Saran at Chapra/concerned Court, where the case is
pending in connection with Daudpur P.S. Case No. 67 of 2026,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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