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Patna High Court

Raja DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not made from his conscious physical possession.

Summary

The petitioner, Raja Das, was named in an FIR for alleged involvement in the illegal manufacture and trade of illicit liquor, with 540 milliliters of country-made liquor recovered in a case under Section 30(a) of the Bihar Prohibition and Excise Act. Counsel for the petitioner argued that the liquor was recovered from the pocket of co‑accused Kunal Kumar Giri and that the petitioner had no conscious physical possession and a clean antecedent. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession. Consequently, the court directed that the petitioner be released on anticipatory bail 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. The bail order was to be complied with by the Special Judge‑I (Excise Act) in Darbhanga.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner when the alleged illicit liquor was not in his conscious physical possession.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • excise law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40093 of 2026
                     Arising Out of PS. Case No.-35 Year-2026 Thana- HAYAGHAT District- Darbhanga
                 ======================================================
                 Raja Das, Son of Rajendar Das @ Rajendra Das, Resident of Village-

                 Dhobopur Bansara, P.S.- Hayaghat, District- Darbhanga


                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Saurav Anand, Advocate
                 For the Opposite Party/s :       Mr.Ahmad Ali, 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 Hayaghat P.S. Case

                   No.35 of 2026 registered under Section 30(a) of 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 540 Milli liters of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for the

                   petitioner that admittedly the recovery of illicit liquor was made

                   from pocket of co-accused Kunal Kumar Giri and this petitioner
               Patna High Court CR. MISC. No.40093 of 2026(2) dt.22-06-2026
                                                           2/2




                         was implicated only on his disclosure. It is submitted that

                         admittedly recovery was not made from conscious physical

                         possession of this petitioner, who is a man of 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 Special Judge- I

                         (Excise Act), Darbhanga, in connection with Hayaghat P.S. Case

                         No.35 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)
aniket/-

U          T


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