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Patna High Court

Manohar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.40089 of 2026(2) dt.22-06-2026
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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
               Patna High Court CR. MISC. No.40089 of 2026(2) dt.22-06-2026
                                                           3/3




                         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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