Patna High Court
Raja DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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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