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Patna High Court

Dilip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, as the recovery was not from the petitioners' conscious possession and they have clean antecedents, anticipatory bail was warranted.

Summary

The petitioners, Dilip Kumar and Ashish Kumar, were named in an FIR for alleged possession of 2.5 litres of Kingfisher strong premium beer under Section 30(a) of the Bihar Prohibition and Excise Act, recovered from the refrigerator of co‑accused Samir Alam. They contended that the beer was not in their conscious physical possession and that they have clean antecedents. The State opposed their application for anticipatory bail. The Court examined the factual submissions and noted that the recovery did not appear to be from the petitioners' conscious possession. Consequently, the Court ordered that, if arrested within four weeks, the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to 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 should be granted to the petitioners under the circumstances.
  • Whether the recovery of the prohibited beer constitutes conscious physical possession of the petitioners.
  • Applicability of Section 30(a) of the Bihar Prohibition and Excise Act to the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • possession
  • clean antecedent
  • excise
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39260 of 2026
                  Arising Out of PS. Case No.-297 Year-2026 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
           1.     Dilip Kumar S/o Shri Prem Raut R/o vill - Tilkai, P.S.- Bishnuganj, Distt.-
                  Jehanabad
           2.     Ashish Kumar @ Sahil S/o Shri Virendra Prasad R/o vill - Tilkai, P.S.-
                  Bishnuganj, Distt.- Jehanabad
                                                                         ... ... Petitioners
                                                Versus
                 The State of Bihar                               ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vivekanand Vivek, Advocate
                 For the Opposite Party/s :      Mr.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   18-06-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Makhdumpur P.S.

                   Case No. 297 of 2026 registered for the offences punishable

                   under Sections 30(a) of the Bihar Prohibition and Excise Act.

                             3. The allegation against the petitioners is to have in

                   possession of 2.5 litres of Kingfisher strong premium Beer,

                   which was kept inside the refrigerator of one co-accused Samir

                   Alam.

                             4. Learned counsel appearing on behalf of the petitioners

                   submitted that admittedly recovery was made from the house of

                   co-accused Samir Alam and on the basis of disclosure of his

                   servant, name of petitioners were implicated with the present
           Patna High Court CR. MISC. No.39260 of 2026(2) dt.18-06-2026
                                                       2/2




                     recovery of prohibited Beer, therefore, it can be safely said that

                     recovery of illicit Beer was not made from conscious physical

                     possession of petitioners, who claimed to be the men of clean

                     antecedent.

                              5. Learned A.P.P. for the State has opposed the prayer for

                     anticipatory bail of the petitioners.

                              6. In view of the aforesaid factual submissions and by

                     taking note of the fact as recovery of illicit Beer prima-facie not

                     appears to be recovered from conscious physical possession of

                     the petitioners, who are the men 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 Special Excise Judge-

                     I, Jehanabad/concerned court in connection with Makhdumpur

                     P.S. Case No. 297 of 2026, 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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