Patna High Court

Anil Singh @ Anil Kr SinghversusThe State Of Bihar

Decided: 22 June 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that, as the recovery of illicit liquor was not made from the petitioner's conscious physical possession, anticipatory bail was warranted.

Summary

The petitioner, Anil Singh, was not named in the FIR but was implicated in an alleged illegal liquor case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, based on a co-accused's confession. The seizure involved 25 litres of illicit liquor, but the court noted that the liquor was not found in the petitioner's conscious physical possession. The petitioner sought anticipatory bail, arguing lack of direct involvement and disputing the seizure list's evidentiary basis. The Additional Public Prosecutor opposed the bail. Considering the prima facie lack of conscious possession, the court directed that the petitioner be released on bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order also stipulated surrender within four weeks to the Special Excise Court.

Issues considered

Whether anticipatory bail should be granted when the alleged seizure is not made from the petitioner's conscious possession
Whether the petitioner can be implicated under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 without being named in the FIR

Legislation cited

Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Criminal Procedure Code — s. 438(2)

Subjects

anticipatory bail
illegal liquor
conscious possession
Bihar Prohibition and Excise Act
Section 30(a)
Section 438
Section 482
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40071 of 2026
                      Arising Out of PS. Case No.-124 Year-2026 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Anil Singh @ Anil Kr. Singh, S/o Mangal Singh, R/o Village-Penli, P.S -
                 Mirganj, Dist- Goplaganj.
                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vinod Pandey, 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 not named in the FIR

                   and apprehending his arrest in connection with Mirganj P.S.

                   Case No.124 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 25 liters of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the name of this petitioner transpired on the

                   basis of disclosure made by apprehended co-accused Vishal
Patna High Court CR. MISC. No.40071 of 2026(2) dt.22-06-2026
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          Kumar, where admittedly the recovery of illicit liquor was not

          made from conscious physical possession of this petitioner.

          It is submitted that the seizure list also appears disputed

          being not supported by independent witnesses rather by

          police personnel. While concluding argument, it is submitted

          that petitioner found involved in three more criminal cases,

          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 Exclusive Special

          Excise Court No.-II, Gopalganj in connection with Mirganj

          P.S. Case No.124 of 2026, subject to the conditions as laid
           Patna High Court CR. MISC. No.40071 of 2026(2) dt.22-06-2026
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                     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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Associated through the court’s case reference.

Vinod Pandey