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Patna High Court

Prabhunath BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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