Patna High Court
Vikash Kumar Bin @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery did not demonstrate conscious physical possession by the petitioner.
Summary
The petitioner, Vikash Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, with 207 liters recovered. He argued that the liquor was seized from an open area accessible to the public, indicating he did not have conscious physical possession, and that the seizure list lacked independent verification. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined whether the facts established a prima facie case of possession sufficient to deny bail. Finding that the recovery did not demonstrate conscious possession, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted under CrPC Section 438(2) when the alleged recovery of illicit liquor does not show conscious possession by the accused.
- Whether the facts constitute a prima facie case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
Legislation cited
- Bihar Non-Statutory Substitution (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- conscious possession
- excise law
- bail bond
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36827 of 2026
Arising Out of PS. Case No.-320 Year-2024 Thana- BHORE District- Gopalganj
======================================================
Vikash Kumar Bin @ Vikash Kumar, S/o Ramakant Bin, Resident of Village-
Semara, P.S.- Bhore, District- Gopalganj
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Vardhan, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 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 Bhore P.S. Case
No.320 of 2024 registered under Sections 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 207 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the alleged recovery of illicit liquor was made
from open bushes, which is an open place accessible by
general public, which suggest sufficiently that the recovery of
illicit liquor was not made from conscious physical possession
Patna High Court CR. MISC. No.36827 of 2026(2) dt.17-06-2026
2/2
of this petitioner. It is submitted that the seizure list also
appears disputed, as same appears supported by police
personnel and not by independent witnesses. 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, 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 District and Additional Sessions
Judge-XIII-cum-Special Excise Court-I, Gopalganj in
connection with Bhore P.S. Case No.320 of 2024, 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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