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Patna High Court

Murajan Kumar @ ChhotuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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