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Patna High Court

Joginder Sah @ Satar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under Sections 438(2) CrPC and 482(2) BNSS.

Summary

The petitioner, Joginder Sah, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly engaging in the illegal manufacture and trade of liquor, with 6.6 litres of illicit liquor recovered. The petitioner contended that his name was recorded solely based on a watchman's statement and that the liquor was not found in his conscious physical possession. He applied for anticipatory bail, arguing a clean antecedent and lack of direct involvement. The Additional Public Prosecutor opposed the bail, maintaining that the recovery indicated culpability. The Court, after considering the factual submissions, held that the recovery did not prima facie establish conscious possession and therefore granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with 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 Section 438 of the CrPC.
  • Whether the recovery of illicit liquor establishes conscious physical possession of the petitioner.
  • Whether the conditions imposed under Section 482(2) of the BNSS are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 438
  • Section 482
  • possession
  • excise

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.40143 of 2026
                    Arising Out of PS. Case No.-189 Year-2026 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Joginder Sah @ Satar Sah S/o Late Ram Autar Sah R/o Village -
                 Bathnaha(East Tola), Ward No. 05, P.S. - Bathnaha, Distt. - Sitamarhi.

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr.Ritesh Kumar Narain Singh, Advocate
                 For the Opposite Party :        Mr.Md. Nazir Ansari, 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 Bathnaha P.S.

                   Case No.189 of 2026 registered under Sections 30(a) of the

                   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 6.6 liters of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner transpired on the

                   basis of disclosure made by local watchman. The recovery of
Patna High Court CR. MISC. No.40143 of 2026(2) dt.23-06-2026
                                            2/3




          alleged liquor was made from jute sack kept in bushes near

          bathnaha tempo stand. It is submitted that the petitioner

          name came only on the assumption of police personnel that

          the person who fled away was the petitioner. It is submitted

          that the recovery of illicit liquor was not made from

          conscious physical possession of the petitioner. 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 the 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

          Exclusive Excise Court No. 1, Sitamarhi, in connection with

          Bathnaha P.S. Case No.189 of 2026, subject to the
               Patna High Court CR. MISC. No.40143 of 2026(2) dt.23-06-2026
                                                           3/3




                         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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