Patna High Court
Jitendra Chauhan @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Non-Commercial Sale (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 30(c)
- Criminal Procedure Code — s. 438(2)
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/-
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