Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor was not made from the petitioner's conscious possession and he has a clean antecedent.
Summary
The petitioner, Sunil Kumar, was not named in the FIR but was implicated in an alleged illegal liquor trade involving the recovery of 70 litres of illicit liquor from a scooty under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the seized liquor was not in his physical possession and that the seizure list lacked independent witnesses, emphasizing his clean antecedent. The Additional Public Prosecutor opposed his anticipatory bail. The court observed that the recovery did not appear to be from the petitioner's conscious possession and, considering his clean record, directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the alleged involvement in illegal liquor trade.
- Whether the recovery of illicit liquor can be attributed to the petitioner in the absence of direct possession and independent witnesses.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 438 CrPC
- Section 30(a)
- excise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40034 of 2026
Arising Out of PS. Case No.-1982 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Sunil Kumar, S/o Late Shankar Prasad, R/o Chhoti Badalpura, Khagaul,
Police Station- Khagaul, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Phulari Sharif
P.S. Case No.1982 of 2025, Special Case No.2008 of 2025
registered under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 70 liters of IMFL/country-made liquor from a
scooty.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.40034 of 2026(2) dt.22-06-2026
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petitioner that recovery of alleged illicit liquor was not made
from physical possession of this petitioner, who is a man of
clean antecedent. It is also submitted that the seizure list
appears disputed, as it was not supported by independent
witnesses rather by police personnel, which also makes it
doubtful.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from conscious physical possession
of this petitioner, accordingly, the petitioner, above-named,
who is a man of clean antecedent, in the event of his arrest
or surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Special Judge, Excise 1st, Patna in connection with
Phulwarisharif P.S. Case No.1982 of 2025, Special Case
No.2008 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.40034 of 2026(2) dt.22-06-2026
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under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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