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Patna High Court

Vikash Kumar Bin @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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