Patna High Court
Raja SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor did not prima facie establish the petitioner's possession, warranting the grant of anticipatory bail.
Summary
Petitioner Raja Singh 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, based on the recovery of 22 litres of liquor from an open public place. The petitioner contended that his name was listed solely on a chowkidar's disclosure, that the liquor was not in his conscious possession, and that no independent witness corroborated the seizure, which was conducted by police officers. The State opposed the petition for anticipatory bail. The court examined whether the seizure constituted prima facie evidence of possession and considered the applicability of anticipatory bail provisions. Finding that the recovery did not demonstrate conscious possession by the petitioner, the court directed that he be released on bail upon surrender, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail bond was set at Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the recovery of illicit liquor constitutes prima facie evidence of the petitioner's possession under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC in view of the facts.
- Whether the lack of independent witnesses and the open‑place recovery affect the bail decision.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- BNSS
- section 30
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40844 of 2026
Arising Out of PS. Case No.-145 Year-2026 Thana- SURYAPURA District- Rohtas
======================================================
Raja Singh S/o Suryadev Singh Resident of Village- Dhangai, P.S -
Bikramganj, District - Rohtas
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shashikant, Advocate
For the Opposite Party : Mr. Ram Bilash Roy Raman, 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 Suryapura P.S.
Case No.145 of 2026 registered under Section 30(a) of
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 22 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner was arrayed solely
on the disclosure made by the local chowkidar. It is also
Patna High Court CR. MISC. No.40844 of 2026(2) dt.24-06-2026
2/3
submitted that the recovery of illicit liquor found in a plastic
bottle from an open place which is accessible to general
public. 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-
II, Rohtas at Sasaram in connection with Suryapura P.S.
Patna High Court CR. MISC. No.40844 of 2026(2) dt.24-06-2026
3/3
Case No.145 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.