Patna High Court
Chandan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, since the illicit liquor was not recovered from the petitioners' conscious physical possession, anticipatory bail could be granted.
Summary
The petitioners, Chandan Singh and Supan Mallah, were named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 636 litres of liquor recovered. The recovery was not made from the petitioners' conscious physical possession, and the prosecution’s case relied on statements of co‑accused. The petitioners sought anticipatory bail, which the State opposed. The Court examined whether anticipatory bail was appropriate given the lack of direct possession and the nature of the offence. Finding that the recovery did not establish conscious possession, the Court directed that the petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties each, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail can be granted when the seized illicit liquor is not found in the conscious physical possession of the accused.
- Whether the provisions of Section 30(a) of the Bihar Prohibition and Excise Act justify denial of bail.
- Whether the conditions under Section 438(2) CrPC and Section 482(2) BNSS are applicable to the present case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- conscious possession
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38215 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- Khawaspur District- Bhojpur
======================================================
1. Chandan Singh S/o Visheshwar Singh @ Vijeshwar Singh,
2. Supan Mallah @ Supan Chaudhary, S/o Jagpal Chaudhary
Both are R/o Village-Piprapanti, P.S.- Krishnagarh, Distt.- Bhojpur
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-06-2026 The defect as pointed out by the office may be
ignored for the present.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Khwaspur
P.S. Case No.10 of 2026 registered under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 636 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the name of petitioners has transpired in
Patna High Court CR. MISC. No.38215 of 2026(2) dt.09-06-2026
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connection with the present recovery of illicit liquor on the
basis of disclosure made by apprehended co-accused
persons. It is submitted that admittedly the recovery was not
made from conscious physical possession of the petitioners,
Explaining criminal antecedent, it is submitted that petitioner
no.1 found involved in one more criminal case, where he is
on bail and petitioner no.2 claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
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 these petitioners, accordingly, both petitioners, above-
named, in the event of their arrest or surrender in the court
below within a period of four weeks from today, are directed
to be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Exclusive
Special Excise Court No.1, Bhojpur at Ara in connection with
Khwaspur P.S. Case No.10 of 2026, subject to the
Patna High Court CR. MISC. No.38215 of 2026(2) dt.09-06-2026
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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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