Patna High Court

Narendra KumarversusThe State of Bihar

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

Holding

Anticipatory bail was granted as the recovery did not constitute conscious physical possession of the petitioner.

Summary

The petitioner, Narendra 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, 2018, after 45 litres of liquor were recovered from a public carrier. Counsel argued that the liquor was not in the petitioner's conscious physical possession and that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed anticipatory bail. The court noted the lack of direct possession and the petitioner's clean antecedents, and therefore directed that he be released on anticipatory bail upon surrender within four weeks, subject to a bail bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was granted with conditions, and the petitioner's surrender was mandated to the Addl. District and Sessions Judge‑VII‑cum‑Exclusive Special Excise Court, Lakhisarai.

Issues considered

Whether anticipatory bail under Section 438 CrPC is warranted in a case of alleged illicit liquor possession under the Bihar Prohibition and Excise Act, 2018
Whether the recovery of liquor from a public carrier constitutes conscious physical possession by the petitioner

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Criminal Procedure Code — s. 438(2)

Subjects

anticipatory bail
illicit liquor
possession
Bihar Prohibition and Excise Act
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40088 of 2026
                        Arising Out of PS. Case No.-93 Year-2025 Thana- KIUL District- Lakhisarai
                 ======================================================
                 Narendra Kumar, Son of Ram Lakhan Modi, Resident Of Village - Basmatiya,
                 Ps Kiul, Dist- Lakhisarai
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rabi Bhushan, Advocate
                 For the Opposite Party/s :        Mr.Rajendra Prasad Nat, 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 Kiul P.S. Case

                   No.93 of 2025 registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2018.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 45 liters of IMFL/country-made liquor from

                   tanker.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the recovery of alleged liquor was made
Patna High Court CR. MISC. No.40088 of 2026(2) dt.22-06-2026
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          from tempo, which is a public carrier, and therefore, it can

          be safely said that the recovery was not made from

          conscious physical possession of this petitioner, who is a

          man of clean antecedent. It is also submitted that the

          seizure list appears disputed being not supported by

          independent witnesses rather by police personnel.

                       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 Addl. District and Sessions Judge- VII -cum-

          Exclusive Special Excise Court, Lakhisarai, in connection with

          Kiul P.S. Case No.93 of 2025, subject to the conditions as
               Patna High Court CR. MISC. No.40088 of 2026(2) dt.22-06-2026
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                         laid down 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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