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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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/-

U          T


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