Patna High Court
Chhote Lal RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail should be granted as the recovery was not from the petitioner's conscious possession and he has a clean antecedent.
Summary
Chhote Lal Ram 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, based on the recovery of four litres of liquor from a motorcycle dicky. The petitioner contended that the motorcycle was lent to a family friend who misused it without his knowledge, and that the liquor was not in his conscious physical possession. He also highlighted his clean antecedent. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court observed that the recovery did not appear to be from the petitioner's conscious possession and, considering his clean antecedent, directed that he be released on anticipatory bail upon furnishing a bail bond with sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the recovery of illicit liquor constitutes conscious physical possession by the petitioner.
- Whether the petitioner’s clean antecedent warrants bail under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a)
- conscious possession
- clean antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40118 of 2026
Arising Out of PS. Case No.-962 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Chhote Lal Ram Son of Karu Ram Resident of Village - Ektara (Sughari),
Police Station - Rajaili, District - Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Akhilesh Kumar, Advocate.
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, 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 Excise P.S. Case No.
962 of 2025 corresponding to P.T.N. No. 3086 of 2025
registered for the offence under Section 30(a) 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 4
liters of IMFL/country-made liquor from the dickey of
motorcycle.
4. It is submitted by learned counsel that the motorcycle
in question was given to one family friend namely, Raj Kumar,
who misused the motorcycle without knowledge of this
petitioner.
Patna High Court CR. MISC. No.40118 of 2026(2) dt.22-06-2026
2/2
5. It is submitted that admittedly the recovery of illicit
liquor was not made from conscious physical possession of the
petitioner. Explaining criminal antecedent, it is submitted that
petitioner claims clean antecedent.
6. Learned APP opposed the prayer of anticipatory bail to
the petitioner.
7. 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, accordingly, above-named petitioner, who is the man
of clean antecedent, 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 Court - 2, Nawada in connection with Excise P.S. Case
No.962 of 2025 corresponding to P.T.N. No. 3086 of 2025,
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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