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Patna High Court

Satan RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the recovery was not from the petitioner's conscious possession and granted anticipatory bail.

Summary

The petitioner, Satan Ram, 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, 2022 (Amendment) after 14 litres of liquor were recovered from a tanker. He contended that the liquor was recovered from a joint house occupied by several adult family members and that he did not have conscious physical possession of it, also asserting a clean antecedent. The Additional Public Prosecutor opposed his prayer for anticipatory bail. The court examined the factual submissions and concluded that the recovery was not made from the petitioner's conscious possession. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish 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.

Issues considered

  • Whether the recovery of illicit liquor was made from the petitioner's conscious physical possession.
  • Whether anticipatory bail should be granted under Section 438 of the CrPC and Section 482 of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • conscious possession
  • clean antecedent
  • CrPC Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40082 of 2026
                   Arising Out of PS. Case No.-139 Year-2026 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Satan Ram, Son of Mahavir Ram, Resident of Village - Dhumnagar Ward
                 No.- 06, Gulab Tola, Police Station - Nautan, District - West Champaran


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, 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 Nautan P.S. Case

                   No.139 of 2026 registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2022 (Amendment).

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 14 liters of IMFL/country-made liquor from

                   tanker.
Patna High Court CR. MISC. No.40082 of 2026(2) dt.22-06-2026
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                       4. It is submitted by learned counsel appearing for

          the petitioner that the recovery illicit liquor was made from

          Joint house of the petitioner occupying by different adult

          family members and therefore, it can be safely said that

          recovery was not made from conscious physical possession

          of this petitioner. 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, who is a man of clean antecedent,

          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 Court of Special Judge (Excise), 1st Bettiah,

          West Champaran, in connection with Nautan P.S. Case

          No.139 of 2026, subject to the conditions as laid down
               Patna High Court CR. MISC. No.40082 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)
aniket/-

U          T


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