Patna High Court
Chhotu Sah @ Rajesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103(4), 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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