Patna High Court
Ramnaresh BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the recovery of liquor did not prima facie demonstrate the petitioner's conscious physical possession.
Summary
Ramnaresh Bhagat was arrested in connection with a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act for alleged illegal manufacturing and trading of illicit liquor, with 43.20 litres of liquor recovered. The petitioner contended that his motorcycle, which was used to transport the liquor, had been given to a family friend, Kranti Yadav, who acted without his knowledge, and that he had no conscious physical possession of the liquor. The State opposed bail, arguing the seriousness of the offence. The court examined whether the recovery of liquor could be said to be in the petitioner's conscious possession. Finding that the facts did not show such possession, the court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The petitioner was ordered to surrender within four weeks to the trial court.
Issues considered
- Whether the recovery of illicit liquor establishes conscious physical possession of the petitioner for the purpose of denying bail.
- Whether bail should be granted under Section 438(2) of the Cr.P.C. in a case involving offences under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Negotiable Instruments (or relevant) Statute — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 47
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39543 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- Raghunathpur Excise District- Siwan
======================================================
Ramnaresh Bhagat Son of Sakaldeo Bhagat Resident of village -Mandoauli
PS- M H Nagar Distt- Siwan Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanshu Kumar Singh
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Raghunathpur P.S.
Case No. 15 of 2026 registered for the offences punishable under
Sections 30 (a) and 47 of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 43.20 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner provided his motorcycle to his
family friend namely Kranti Yadav, who misused the motorcycle
without the knowledge of petitioner for carrying illicit liquor. It is
submitted that recovery is not made from conscious physical
possession of the petitioner, who is a man of clean antecedent.
Patna High Court CR. MISC. No.39543 of 2026(2) dt.18-06-2026
2/2
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor prima-facie not
appears to be made from the conscious physical possession of
this petitioner, accordingly the petitioner above named, in the
event of his arrest or surrender before the learned trial court
within a period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Spl. Judge (Excise) Court-02, Siwan/concerned trial
court where the case is pending in connection with Raghunathpur
P.S. Case No. 15 of 2026 subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./ Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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