Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner on the ground that the alleged possession of illicit liquor was not made from his conscious physical control.
Summary
Arun Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing five litres of illicit liquor and being involved in its illegal trade. He argued that the liquor was found in a motorcycle he owned, which he had sold to Anand Kumar in 2020, and that the transfer of ownership was still pending, so he had no conscious possession of the liquor. The State opposed his request for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession and that he had a clean antecedent. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the alleged possession of illicit liquor is not proven to be conscious and voluntary.
- Whether the petitioner’s ownership of the motorcycle, which was allegedly used for transporting illicit liquor, makes him liable under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- motor vehicle ownership
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39248 of 2026
Arising Out of PS. Case No.-434 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
Arun Kumar Son of Rama Nand Thakur Resident of Village- Dighi Kala
(West), P.S.- Hajipur Sadar in the District of Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar, Advocate
For the Opposite Party/s : Mrs.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, not named in the F.I.R., is
apprehending his arrest in connection with Rajapakar (Barati)
P.S. Case No. 434 of 2025 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to have in
possession of five litres of illicit liquor and engaged in illegal
trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that petitioner implicated with the present recovery of
illicit liquor only for the reason that he was the owner of the
motorcycle which alleged to be involved in carrying of illicit
liquor.
5. It is submitted that the motorcycle in issue was sold
Patna High Court CR. MISC. No.39248 of 2026(2) dt.18-06-2026
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by the petitioner long back to one Anand Kumar in terms of sale
agreement dated 19.07.2020, which is at Annexure P/2. It is
submitted that as the process of transfer of ownership of the
motorcycle was pending before the concerned motor vehicle
authority, in the meantime, the motorcycle was misused for
carrying of illicit liquor.
6. Arguing further, it is submitted that admittedly
recovery of illicit liquor was not made from conscious physical
possession of this petitioner, who claimed to be a man of clean
antecedent.
7. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
8. In view of the aforesaid factual submissions and by
taking note of the 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,
above-named petitioner, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No.-II-
cum-Additional District and Sessions Judge, Vaishali at
Patna High Court CR. MISC. No.39248 of 2026(2) dt.18-06-2026
3/3
Hajipur/concerned court in connection with Rajapakar (Barati)
P.S. Case No. 434 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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