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Patna High Court

Ramnaresh BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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