Patna High Court
MOHIT KUMAR CHAUDHARYversusThe 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 shown to be from his conscious possession.
Summary
The petitioner, Mohit Kumar Chaudhary, was named in an FIR for alleged possession of 27 litres of illicit liquor and violation of Sections 272, 273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act. He claimed that his motorcycle, which was used to transport the liquor, had been lent in good faith to a family acquaintance, Govind Kumar, without his knowledge of the illicit activity. The State opposed his application for anticipatory bail, arguing that the liquor was recovered in connection with the case. The Court examined the factual submissions and noted that there was no prima facie evidence of the petitioner's conscious possession. Consequently, the Court ordered that the petitioner be granted anticipatory bail upon surrender within four weeks, subject to a bail bond and sureties, and in accordance with Sections 438(2) CrPC and 482(2) B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite the allegations of possession of illicit liquor under Sections 272, 273 IPC and Section 30(a) Bihar Prohibition and Excise Act.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illicit liquor
- possession
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40145 of 2026
Arising Out of PS. Case No.-267 Year-2023 Thana- RAJNAGAR District- Madhubani
======================================================
Mohit Kumar Chaudhary S/O Bednath Chaudhary @ Vaidyanath Chaudhary
R/O Village-Jagatpur, P.S.- Rahika, District- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Shabina Talat, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Rajnagar P.S. Case No.
267 of 2023 registered for the offences punishable under Sections
272, 273 of the Indian Penal Code and section 30(a) of the Bihar
Prohibition and Excise Act.
3. The allegation against the petitioner is to have in
possession of 27 litres of illicit liquor from the motorcycle bearing
Registration No. BR32AM-9968, and engaged in illegal trade of
illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that out of family acquaintance, the petitioner provided
his motorcycle to one Govind Kumar in good faith for his personal
use, but subsequently his motorcycle was misused by Govind
Patna High Court CR. MISC. No.40145 of 2026(2) dt.23-06-2026
2/2
Kumar for carrying illicit liquor. It is submitted that said act of
Govind Kumar was not within the knowledge of this petitioner
and, therefore, it can be safely said that recovery of illicit liquor
was not made from conscious possession of this petitioner, who
claims to be a man of clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie not
appears to be made from physical possession of this petitioner,
who is a man of clean antecedent, accordingly, above-named
petitioner, in the event of his arrest/surrender within a period of
four weeks from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only) with
two sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Excise, Madhubani/concerned court in
connection with Rajnagar P.S. Case No. 267 of 2023, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C/Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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