Patna High Court
Dablu Kumar @ Dabalu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in the absence of conscious possession and given the petitioner's clean antecedent, anticipatory bail was warranted.
Summary
Petitioner Dablu Kumar was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged illegal manufacture and trade of illicit liquor, with a recovery of 2,748 litres of beer. He contended that the vehicle used to transport the liquor had been sold by him on 5 May 2025, prior to the seizure on 21 May 2025, and therefore he had no conscious possession of the contraband. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court, after examining the sale agreement and noting the petitioner's clean antecedent, held that the recovery was not made from his conscious possession and consequently granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner had conscious physical possession of the illicit liquor at the time of recovery.
- Whether the sale of the vehicle prior to the seizure negates liability under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a)
- conscious possession
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39201 of 2026
Arising Out of PS. Case No.-289 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Dablu Kumar @ Dabalu Kumar, S/o Raj Kumar Prasad, Resident of Village-
Chakarmasi, Nawasichak, P.S. - Dhanrua, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, 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 Belaganj P.S.
Case No.289 of 2025 registered under Section 30(a) of the
Bihar Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 2,748 liters of IMFL/country-made liquor (beer).
4. It is submitted by learned counsel appearing for
petitioner that the petitioner has been implicated with
present recovery of illicit liquor (beer) only for the technical
reason as he was the registered owner of the Bolero pick up
Patna High Court CR. MISC. No.39201 of 2026(2) dt.18-06-2026
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vehicle, which alleged to be involved in carrying illicit liquor.
It is submitted that the vehicle in issue was already sold by
this petitioner on 05.05.2025, whereas the alleged recovery
was made on 21.05.2025. In support of his submission,
learned counsel referred to Annexure-2 of the present bail
petition, showing the agreement to sale, having all details of
the person to whom the vehicle in issue already sold.
Arguing further, it is pointed out that in any case, it can be
safely gathered that recovery of illicit liquor was not made
from conscious physical possession of this petitioner, who is
a man of 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, who is a man of clean antecedent,
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
Patna High Court CR. MISC. No.39201 of 2026(2) dt.18-06-2026
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furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned Court of Exclusive Special Judge Excise, Court
No.2, Gaya Ji in connection with Belaganj P.S. Case No.289
of 2025, 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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