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Patna High Court

Jitendra Chauhan @ Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted because the recovery of illicit liquor did not constitute conscious physical possession by the petitioner.

Summary

The petitioner, Jitendra Chauhan, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, with 255 litres of liquor recovered from an abandoned hut. He contended that the liquor was found in a public open area and that he had no conscious physical possession of it, asserting a clean antecedent. The State opposed his application for anticipatory bail. The Court examined whether the recovery amounted to possession sufficient to deny bail. Finding that the facts did not show conscious possession by the petitioner, the Court directed that he be released on bail upon surrender, subject to the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail bond was set at Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether anticipatory bail can be granted when the alleged illicit liquor was not in the conscious possession of the accused
  • Whether the recovery of liquor from a public place satisfies the elements of the offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40122 of 2026
                       Arising Out of PS. Case No.-171 Year-2026 Thana- OBRA District- Aurangabad
                 ======================================================
                 Jitendra Chauhan @ Jitendra Kumar, S/O Kamlesh Chauhan @ Kamlesh
                 Nonia, R/O Village- Kurma, Kurmha, P.S.- Jamhor, District- Aurangabad.
                                                                              ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amit Anand, Advocate
                 For the Opposite Party/s :        Mr.Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026                      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 Obra P.S. Case

                   No.171 of 2026 registered under Sections 30(a), and 30(c)

                   of the Bihar Prohibition and Excise (Amendment) Act.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 255 liters of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the recovery of alleged liquor was found

                   in an abandoned hut situated near a pond which is an open

                   place and accessible by general public. It is submitted that
             Patna High Court CR. MISC. No.40122 of 2026(2) dt.23-06-2026
                                                         2/2




                       admittedly the recovery of illicit liquor was not made from

                       conscious physical possession of this petitioner. The

                       petitioner claimed clean antecedent.

                                    5. Learned APP opposed the prayer of anticipatory

                       bail to the petitioner.

                                    6. In view of aforesaid factual submissions and by

                       taking note of fact as recovery of illicit liquor prima facie not

                       appears to be made 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 Special Judge, Excise, Court- II,

                       Aurangabad ,in connection with Obra P.S. Case No.171 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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