Patna High Court
Murajan Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to the stipulated conditions.
Summary
The petitioner, Murajan Kumar, was named in an FIR for allegedly possessing 54.75 litres of illicit liquor and engaging in illegal manufacturing under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, claiming no connection with the recovered liquor or the motorcycle used in the seizure and citing lack of conscious possession. The State opposed the bail, arguing the seriousness of the offence. The court examined the factual submissions and noted that the recovery did not prima facie establish the petitioner's physical possession. Consequently, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the facts of the case establish the petitioner's conscious possession of illicit liquor.
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
- excise law
- bail conditions
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36839 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Murajan Kumar @ Chhotu S/o Rajendra Chaudhary @ Rajendra Chaudhari
Resident of Village- Nawadih Panari, P.S.- Hunterganj, District - Chatra
(Jharkhand)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 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 Excise Sherghati P.S.
Case No. 122 of 2026 registered for the offences punishable
under Sections 30(a) & 32(3) of the Bihar Prohibition and
Excise Act.
3. The allegation against the petitioner is to have in
possession of 54.750 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 is not connected either with the
motorcycle or with recovered illicit liquor in any manner and
merely on the basis of the suspicion as raised by local people
Patna High Court CR. MISC. No.36839 of 2026(2) dt.17-06-2026
2/2
gathered at the place of recovery, petitioner was implicated with
the present case. Explaining criminal antecedent, learned
counsel submitted that petitioner found involved in one more
case of similar nature, 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 Exclusive Special
Excise Court No. 3, Gaya/concerned court in connection with
Excise Sherghati P.S. Case No. 122 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/-
U T
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