Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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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