Patna High Court
Vibhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor was not made from the petitioner’s conscious physical possession, warranting bail under Section 482(2) of the BNSS.
Summary
The petitioner, Vibhash Kumar, was implicated in an excise case for alleged illegal manufacturing and trading of illicit liquor, with 55.79 litres recovered from the house of co-accused Deepak Kumar. The petitioner argued that the liquor was not in his conscious physical possession and that he was merely present at the premises as a co‑villager and family friend. The Additional Public Prosecutor opposed bail, citing the petitioner’s prior criminal antecedent and existing bail in another case. The court examined the facts and concluded that the recovery did not prima facie establish the petitioner’s possession of the contraband. Accordingly, the court ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of illicit liquor from the co‑accused’s premises
- Whether the facts establish the petitioner’s conscious possession of the seized liquor under the Bihar Prohibition and Excise (Amendment) Act, 2018
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3), 41(1)(2)
Subjects
- bail
- excise law
- illicit liquor
- conscious possession
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36735 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- EXCISE TRIVENIGANJ District- Supaul
======================================================
Vibhash Kumar S/o Shri Chhatradhari Yadav @ Chatradhari Yadav R/o
Village- Baghala, ward no 9, PS- Triveniganj, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
For the Opposite Party/s : Mr.Suresh Prasad 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 Triveniganj Excise P.S. Case No. 42 of 2026
registered for the offences punishable under Sections 30(a),
32(3), 41(1)(2) of the Bihar Prohibition and Excise
(Amendment), Act, 2018.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 55.790 litres of IMFL/country made liquor
from the place of occurrence.
4. Learned counsel appearing on behalf of the
petitioner submitted that the recovery of illicit liquor was made
from the house of co-accused Deepak Kumar and as
coincidentally this petitioner being co-villager and family friend
Patna High Court CR. MISC. No.36735 of 2026(2) dt.08-06-2026
2/2
was also available in the house of Deepak Kumar just prior to the
raid, he was also implicated with present recovery of illicit liquor.
Explaining criminal antecedent, it is submitted that petitioner
found involved in one more criminal case, 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, rather
from the house of co-accused Deepak Kumar, 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 Exclusive Special
Judge, Excise Court No. 2, Supaul/concerned Court, where the
case is pending in connection with Triveniganj Excise P.S. Case
No. 42 of 2026, subject to the conditions as laid down under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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