Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, holding that the liquor was not recovered from his conscious possession.
Summary
The petitioner, Prakash Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after 85 litres of liquor were recovered. He contended that the vehicle bearing his registration was used by his driver without his knowledge and that he had no conscious possession of the liquor, also noting the lack of independent witnesses to the seizure. The State opposed his application for anticipatory bail. The court examined whether the recovery was made from the petitioner's physical possession and considered the adequacy of the evidence. Finding that the liquor was not recovered from the petitioner's direct possession, the court directed that he be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was granted pending surrender or arrest within four weeks.
Issues considered
- What is the applicability of anticipatory bail under Section 438 CrPC in a case of alleged illegal liquor trade?
- Whether the petitioner had sufficient possession or control over the seized illicit liquor to warrant denial of bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40831 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- SHERGHATI District- Gaya
======================================================
Prakash Kumar S/O Bajrangi Ram R/O village- Fesar, P.S.- Fesar, District-
Aurangabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Vinod Kumar, Advocate
For the Opposite Party : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 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 Sherghati P.S.
Case No.128 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 85 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner arrayed only
for the reason that he is the owner of the vehicle bearing
Patna High Court CR. MISC. No.40831 of 2026(2) dt.24-06-2026
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Registration No. BR 26Z 7054. It is also submitted that the
Vehicle of the petitioner was taken by his driver for his
personal work, without any knowledge of this petitioner that
the car was used for carrying liquor. It is also submitted that
recovery of illicit liquor was not made from conscious
possession of this petitioner. It is further argued that no
independent witness was associated with the search and
seizure list and the seizure witnesses were police personnel
themselves. 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 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-
Patna High Court CR. MISC. No.40831 of 2026(2) dt.24-06-2026
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5, Gaya in connection with Sherghati P.S. Case No.128 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/-
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