Patna High Court
Uday Prasad @ Uday KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor did not appear to be from the petitioner's conscious possession.
Summary
The petitioner, Uday Prasad, 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 5 liters of liquor recovered from a hut near Pitambara Temple. The petitioner argued that the liquor was not in his conscious possession, that the seizure lacked an independent seizure list, and that Section 103(4) of the Bihar Non‑Statutory Substitution (BNSS) was not complied with. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's possession. Consequently, the court directed that the petitioner 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 of the alleged offence.
- Whether the seizure of the illicit liquor complied with Section 103(4) of the BNSS.
- Whether the petitioner had conscious possession of the seized liquor.
Legislation cited
- Bihar Non-Statutory Substitution (BNSS) — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- seizure compliance
- possession
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40206 of 2026
Arising Out of PS. Case No.-394 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Uday Prasad @ Uday Kumar S/O Krishna Prasad R/O Village- Beldar Toli,
Gud Ki Mandi, P.S.- Alamganj, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Aryan Singh, Advocate
For the Opposite Party/ : Mr.Mritunjay Kumar Nirala, 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 Alamganj P.S.
Case No.394 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 5 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged liquor was made
from the hut (near Pitambara Temple). It is submitted that
Patna High Court CR. MISC. No.40206 of 2026(2) dt.23-06-2026
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the name of the petitioner surfaced out of disclosure made
by one of the accused, namely, Jagat Kumar Patel. It is also
submitted that there was no independent seizure list
witnesses. Compliance of Section 103(4) of BNSS also not
appears followed. It is submitted that the recovery of illicit
liquor was not made from conscious possession of the
petitioner. Explaining criminal antecedent, the petitioner
found involved in one more criminal case.
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 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 Court of Excise, Patna City
,in connection with Alamganj P.S. Case No.394 of 2026,
Patna High Court CR. MISC. No.40206 of 2026(2) dt.23-06-2026
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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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