Patna High Court
Md. Raju @ Md. ImranversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the recovery of illicit liquor was not made from the petitioner's conscious possession, the court granted anticipatory bail.
Summary
The petitioner, Md. Raju, 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, with 7 liters of liquor recovered near his cottage. He sought anticipatory bail, arguing that the liquor was not in his conscious possession and that his name surfaced only through a co-accused’s confession. The prosecution opposed the bail, citing his involvement in similar prior cases. The court examined the factual submissions and noted the lack of prima facie evidence of conscious possession, as well as his pending bail in other cases. Consequently, the court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two 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 possession sufficient to deny bail.
- Applicability of Section 30(a) of the Bihar Prohibition and Excise Act in the present facts.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- conscious possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40148 of 2026
Arising Out of PS. Case No.-191 Year-2026 Thana- BIHAR District- Nalanda
======================================================
Md. Raju @ Md. Imran Son of Late Md. Akhtar Resident of Mohalla - Chajju
Chandani Tola, P.S.- Biharsharif, District - Nalanda
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Pankaj Kumar, Advocate
For the Opposite Party : Mr. Uma Shankar Prasad Singh, 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
Biharsharif P.S. Case No.191 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 7 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel
appearing for the petitioner that the name of petitioner
surfaced due to disclosure made by co-accused, namely, M.
Ashraf Alam, who was apprehended on the spot. It is
submitted that the recovery of alleged liquor was made near
the cottage of Md Raju(petitioner). It is submitted that the
recovery of alleged illicit liquor was not made from
Patna High Court CR. MISC. No.40148 of 2026(2) dt.23-06-2026
2/2
conscious possession of the petitioner. Explaining criminal
antecedent, it is submitted that the petitioner found
involved in three more criminal case of similar nature,
where he is on bail.
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
District and Additional Sessions Judge Vth -cum- Special
Judge (Excise) Nalanda at Biharsharif, in connection with
Biharsharif P.S. Case No.191 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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