Patna High Court
Ashok Singh @ Ashok Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, holding that the absence of conscious physical possession of the illicit liquor precludes a strong case for denial of bail.
Summary
The petitioner, Ashok Singh, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under IPC sections 272 and 273 and the Bihar Prohibition and Excise Act. The prosecution’s case rested mainly on a disclosure by a co‑accused, with no evidence of the petitioner’s conscious possession of the seized liquor. The petitioner sought anticipatory bail, arguing that the recovery was not linked to his personal control and that only suspicion existed. The Additional Public Prosecutor opposed the bail. The court noted the lack of direct possession and, applying Section 438(2) of the CrPC and Section 482(2) of the BNSS, directed that the petitioner be released on bail if arrested within four weeks, upon furnishing a bail bond and sureties. Consequently, anticipatory bail was effectively granted subject to conditions.
Issues considered
- What is the applicability of anticipatory bail under Section 438 CrPC when the accused’s alleged involvement is based solely on a co‑accused’s disclosure and no conscious possession is established?
- Whether the facts disclosed in the FIR under IPC sections 272, 273 and the Bihar Prohibition and Excise Act justify denial of bail.
Legislation cited
- Bihar Negotiable Instruments (or relevant) Special Statute — s. 482(2)
- Bihar Prohibition and Excise Act — s. 47(a)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illicit liquor
- conscious possession
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39167 of 2026
Arising Out of PS. Case No.-60 Year-2006 Thana- RASULPUR District- Saran
======================================================
Ashok Singh @ Ashok Kumar Singh, Son of Late Dharmnath Singh, Resident
of Village-Jalalpur, P.S.- Duraundha, District- Saran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 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 Rasulpur P.S.
Case No.60 of 2006 registered under Sections 272 and 273
of the Indian Penal Code and Section 47(a) of the Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 10,900 liters of IMFL/country-made liquor from
tanker.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner transpired on the
Patna High Court CR. MISC. No.39167 of 2026(2) dt.18-06-2026
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basis of disclosure made by apprehended co-accused Md.
Akbar. It is submitted that petitioner is neither connected
with tanker nor with illicit liquor in any manners and as such
save and except suspicion arising out of disclosure made by
apprehended co-accused, nothing further incriminating
appears against this petitioner. It is submitted that
admittedly the recovery of illicit liquor was not made from
conscious physical possession of the petitioner. Explaining
criminal antecedent, it is submitted that the petitioner found
involved in one more criminal case but of different nature,
where he is on bail.
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/-
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(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned 2nd Exclusive Special
Excise Judge, Saran at Chapra in connection with Rasulpur
P.S. Case No.60 of 2006, 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/-
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