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Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the recovery of illicit liquor was not made from the petitioner's conscious physical possession.

Summary

The petitioner, Kundan Kumar, was implicated in an excise case (PS No.822 of 2025) for alleged illegal manufacture and trade of illicit liquor after 8 litres were recovered from his motorcycle. He contended that the vehicle had been lent to a third party, Deva Kumar, for procuring medicines and that he had no conscious possession of the liquor, also asserting a clean antecedent. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession, deeming the bail application appropriate. 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. The bail order is to be complied with within four weeks of the order.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 of the CrPC when the accused is not in conscious physical possession of the alleged contraband?
  • Whether the recovery of illicit liquor from a vehicle owned by the accused, but not under his control, suffices to deny bail?

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • possession
  • bail bond
  • CrPC Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40249 of 2026
                        Arising Out of PS. Case No.-822 Year-2025 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Kundan Kumar S/O Arun Kumar R/O Village - Marhedi Tajpur, P.S -
                 Chauparan, District- Hazaribagh, Jharkhand

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Vinod Kumar, Advocate
                 For the Opposite Party/s :         Mr.Shaheen Begum, 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 not named in the FIR
                   and apprehending his arrest in connection with Excise P.S.
                   Case No.822 of 2025 registered under Sections 30(a) and
                   32(3) of the Bihar Prohibition and Excise Act, 2022.
                                 3. Allegation against the petitioner is to engage in
                   illegal trade/manufacturing of illicit liquor, where there is
                   recovery of 8 liters of IMFL/country-made liquor.
                                 4. It is submitted by learned counsel appearing for
                   the petitioner that the alleged recovery of liquor found from
                   the petitioner’s motorcycle. It is submitted that the said
                   motorcycle of this petitioner was given to one Deva kumar in
                   good faith for the purpose of procuring medicines. The
                   petitioner is implicated in the present case only because he is
                   the registered owner of the vehicle. It is submitted that the
               Patna High Court CR. MISC. No.40249 of 2026(2) dt.23-06-2026
                                                           2/2




                         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 Exclusive Special
                         Judge Excise-3, Gaya, in connection with Excise P.S. Case
                         No.822 of 2025, 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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