Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted because the recovery of illicit liquor did not constitute conscious physical possession by the petitioner.
Summary
The petitioner, Akash Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 30 litres of liquor recovered from a public roadside. The petitioner sought anticipatory bail, arguing that the liquor was not in his conscious physical possession as it was found in an open place. The Additional Public Prosecutor opposed the bail, contending that the petitioner was involved in another criminal case and was on bail. The court examined the factual submissions and noted that the recovery did not demonstrate conscious possession by the petitioner. Consequently, the court directed that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband is recovered from a public place and not in the accused's conscious possession.
- Whether the provisions of Section 30(a) of the Bihar Prohibition and Excise Act require proof of conscious physical possession for bail considerations.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Section 30
- CrPC
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40043 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Akash Kumar, Son of Late Ramdeo Paswan @ Ramdev Paswan, Resident of
village - Mirpur , P.S.-Chiraiya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Md. Nazir Ansari, 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 named in the FIR and
apprehending his arrest in connection with Chiraiya P.S. Case
No.462 of 2025 registered under Sections 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 30 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the recovery of alleged illicit liquor was made
from the road side, which is an open place and accessible by
general public and, therefore, it can be safely said that the
recovery was not made from conscious physical possession of
Patna High Court CR. MISC. No.40043 of 2026(2) dt.22-06-2026
2/2
this petitioner. Explaining criminal antecedent, it is submitted
that petitioner found involved in one more criminal case, where
he is on bail.
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, 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 Court No.-I,
East Champaran, Motihari in connection with Chiraiya P.S.
Case No.462 of 2025, subject to the conditions as laid down
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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