Created by Fuzzy Cloud

Patna High Court

Chhotu Sah @ Rajesh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted because the liquor was not in the petitioner's conscious possession and the police failed to follow the mandatory search procedure.

Summary

The petitioner, Chhotu Sah, 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 8.4 litres of liquor recovered from his house. The petitioner argued that the liquor was recovered from a premises occupied by other adult family members and that the police did not comply with the mandatory search provisions of Section 103(4) of the BNSS, thus questioning the basis for his arrest. The State opposed the petition for anticipatory bail. The Court examined whether the recovery constituted the petitioner's conscious possession and whether procedural lapses in the search justified granting bail. Finding that the liquor was not in the petitioner's direct possession and that the search procedure was not properly followed, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was ordered on a bond of Rs.10,000 with two sureties.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 CrPC in a case of alleged illegal liquor trade?
  • Whether the recovery of liquor from a house occupied by other family members constitutes the petitioner's conscious possession under Section 30(a) of the Bihar Prohibition and Excise Act?
  • Whether the police complied with the mandatory search provisions of Section 103(4) of the BNSS?

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • search and seizure
  • Section 30(a)
  • procedural lapse
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40075 of 2026
                         Arising Out of PS. Case No.-148 Year-2026 Thana- PALASI District- Araria
                 ======================================================
                 Chhotu Sah @ Rajesh Sah, S/o Nagina Sah, R/o village - Balua Kaliyaganj,
                 Ward No. 13, P.S.- Palasi, Distt.- Araria
                                                                            ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Tarkeshwar Nath Thakur, 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 Palasi P.S. Case

                   No.148 of 2026 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 8.4 liters of IMFL/Nepali liquor from the house of

                   petitioner.

                                4. It is submitted by learned counsel that recovery

                   was made from the house, occupied by different adult family

                   members and, therefore, it can be safely said that recovery of

                   illicit liquor was not made from physical possession of this
            Patna High Court CR. MISC. No.40075 of 2026(2) dt.22-06-2026
                                                        2/2




                      petitioner. It is submitted that mandatory provision regarding

                      search of a premises appears not followed by the police during

                      search as provisioned under Section 103(4) of the BNSS. The

                      petitioner claimed clean antecedent.

                                   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 District and Additional Sessions

                      Judge-cum-Exclusive           Special     Judge      Excise-II,   Araria   in

                      connection with Palasi P.S. Case No.148 of 2026, 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.