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Patna High Court

Ramprit MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the recovery of illicit liquor did not constitute conscious physical possession by the petitioners.

Summary

The petitioners, three residents of Nilmani Pokhar, were implicated in a 2018 case (PS Jaynagar No. 551) for alleged illegal manufacturing and trading of illicit liquor, with 126 litres of IMFL seized. They argued that the liquor was recovered from an open area accessible to the public and not from their conscious physical possession. The prosecution opposed bail, citing offences under IPC sections 272, 273, 34 and the Bihar Prohibition and Excise Act. The court examined the factual matrix and concluded that the recovery did not establish possession by the petitioners, and noted the clean antecedent of petitioner 1 and pending bail in another case for petitioners 2 and 3. Consequently, the court directed that the petitioners be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Cr.P.C. and BNSS provisions. The order effectively granted bail and disposed of the bail petition.

Issues considered

  • Whether the recovery of illicit liquor establishes conscious physical possession by the accused for the purpose of granting bail
  • Whether bail can be granted under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS in the present circumstances

Legislation cited

Subjects

  • bail
  • illicit liquor
  • possession
  • IPC
  • excise law
  • Cr.P.C.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40823 of 2026
                    Arising Out of PS. Case No.-551 Year-2018 Thana- JAYNAGAR District- Madhubani
                 ======================================================
           1.     Ramprit Mukhiya S/o Bhula Mukhiya Resident of village- Nilmani Pokhar,
                  ward no 8, P.S- Jaynagar, District- Madhubani
           2.    Shiv Kumar Mukhiya S/o Yogin Mukhiya @ Jogeel Mukhiya Resident of
                 village- Nilmani Pokhar, ward no 8, P.S- Jaynagar, District- Madhubani
           3.     Vinod Mukhiya @ Vinod Kumar Mukhiya S/o Yogin Mukhiya @ Jogeel
                  Mukhiya Resident of village- Nilmani Pokhar, ward no 8, P.S- Jaynagar,
                  District- Madhubani
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Subhash Kumar Jha
                 For the Opposite Party/s :      Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-06-2026                   Heard the parties.

                                   2. The accused/petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Jaynagar P.S. Case No.

                   551/2018 of registered for the offences punishable under Sections

                   272, 273 and 34 of the IPC and Section 30 (a) of the Bihar

                   Prohibition and Excise Act.

                                   3. The allegation against the petitioners is to be

                   engaged in illegal trading/manufacturing of illicit liquor, where, there

                   is recovery of 126 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioners submitted that recovery of illicit liquor was made from

                   open place easily accessible by general public and, therefore, it can

                   be safely said that alleged recovery of illicit liquor was not made
               Patna High Court CR. MISC. No.40823 of 2026(2) dt.24-06-2026
                                                           2/2




                         from the conscious physical possession of these petitioners. While

                         concluding the argument it is submitted that petitioner no. 1 claimed

                         clean antecedent, whereas petitioner no. 2 and 3 found involved in

                         one more case, where they are on bail.

                                         5. Learned APP, opposes the prayer for bail.

                                         6. In view of aforesaid facts and circumstances as

                         mentioned above and by taking note of fact as recovery of illicit

                         liquor prima-facie not appears to be made from the physical

                         possession of these petitioners, accordingly all above named

                         petitioners, in the event of their arrest or surrender before the learned

                         trial court within a period of four weeks, are directed to be released

                         on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                         each with two sureties of the like amount each to the satisfaction of

                         the learned Exclusive Special Judge Excise, Madhubani/concerned

                         trial court where the case is pending in connection with Jaynagar P.S.

                         Case No.551/2018 of subject to the conditions as laid down under

                         Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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