Patna High Court
Prabhunath BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor was not made from the petitioner's conscious physical possession and therefore granted anticipatory bail.
Summary
The petitioner, Prabhunath Bhagat, was named in an FIR for alleged illegal manufacture and transport of illicit liquor under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016, after 1,575 litres of liquor were recovered from a pickup van registered in his name. He contended that he had sold the vehicle on 18 September 2025, well before the seizure on 28 February 2026, and therefore did not have conscious physical possession of the liquor. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made by Justice Chandra Shekhar Jha of the Patna High Court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC despite being named in the FIR for offences under the Bihar Prohibition and Excise Act.
- Whether the recovery of illicit liquor was made from the petitioner's conscious physical possession given the alleged sale of the vehicle prior to the seizure.
Legislation cited
- Bihar Negotiable Instruments and Security (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 (Amended 2022) — s. 30(a), 47
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- vehicle ownership
- Section 438 CrPC
- Section 30 Bihar Prohibition and Excise Act
- Section 47 Bihar Prohibition and Excise Act
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39203 of 2026
Arising Out of PS. Case No.-162 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Prabhunath Bhagat, Son of Late Hiralal Bhagat, R/o Village - Gopalpur, P.S.-
Hussainganj, District - Siwan
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Md. Nazir Ansari, 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 Siwan Excise P.S.
Case No.162 of 2026 registered under Sections 30(a) and
47 of the Bihar Prohibition and Excise Act, 2016 Amended
2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 1575 liters of IMFL/country-made liquor from a
Pickup van bearing Registration No. BR29P7963.
4. It is submitted by learned counsel appearing for
petitioner that the petitioner has been implicated with
Patna High Court CR. MISC. No.39203 of 2026(2) dt.18-06-2026
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present recovery of illicit liquor only for the technical reason
as he was the registered owner of the Bolero pick up 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 18.09.2025, whereas the alleged recovery was
made on 28.02.2026. 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 was 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, accordingly, the petitioner, above-named,
in the event of his arrest or surrender in the court below
Patna High Court CR. MISC. No.39203 of 2026(2) dt.18-06-2026
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within a period of four weeks from today, is directed to be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special
Judge Excise Court No.2, Siwan in connection with Siwan
Excise P.S. Case No.162 of 2026, 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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