Patna High Court
Manohar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, as the recovery of illicit liquor prima facie appeared disputed with respect to conscious physical possession, anticipatory bail was warranted.
Summary
Manohar Kumar was arrested in connection with a case under the Bihar Prohibition and Excise Amendment Act, 2016‑2018 for alleged illegal manufacture and trade of illicit liquor, with three litres of liquor reportedly recovered from the dicky of his motorcycle. The petitioner contended that the liquor was not in his conscious physical possession and that the seizure list was unsupported by independent witnesses. He also highlighted that he was already on bail in two other criminal matters. The State opposed his application for anticipatory bail. The Court observed that the recovery of the liquor appeared prima facie disputed as to possession and therefore granted anticipatory bail, directing release upon furnishing 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 petitioner is entitled to anticipatory bail despite the alleged recovery of illicit liquor.
- Whether the seizure of liquor establishes conscious physical possession sufficient to deny bail.
- Whether the conditions of Section 438(2) CrPC and Section 482(2) BNSS are applicable.
Legislation cited
- Bihar Narcotic and Substance (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2016/2018 — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40089 of 2026
Arising Out of PS. Case No.-184 Year-2026 Thana- Excise P.S. District- Supaul
======================================================
Manohar Kumar, Son of Late Uttam Lal Yadav, Resident of Village- Pipra
Hari, Balwa, Ward no. 14, P.S.- Supaul, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Shadab Alam Wazdi, Advocate
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, 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 Supaul Sadar P.S.
Case No.184 of 2026 registered under Sections 30(a),
32(3) of the Bihar Prohibition and Excise Amendment Act,
2016-2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 3 liters of IMFL/country-made liquor from
tanker.
4. It is submitted by learned counsel appearing for
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the petitioner that recovery as alleged was made from the
Dicky of the motorcycle of this petitioner, which was open. It
is also pointed out that seizure list appears disputed being
not supported by independent witness rather by police
personnel. Admittedly, the recovery was not made from
conscious physical possession of this petitioner. Explaining
criminal antecedent, it is pointed out that petitioner found
involve in two 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 the recovery of illicit liquor prima
facie appears disputed 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 Judge- II,
Supaul, in connection with Supaul Sadar P.S. Case No.184
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of 2026, subject to the conditions as laid down under
Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
aniket/- (Chandra Shekhar Jha, J)
U T
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