Patna High Court
Reshajuddin QuraishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery of liquor did not appear to be from his conscious possession.
Summary
The petitioner, Reshajuddin Quraishi, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 130 litres recovered. He contended that the liquor was not in his conscious possession, that the vehicle bearing his registration, which was seized, had been sold to another person before the incident, and that the seizure was conducted without independent witnesses. The Additional Public Prosecutor opposed his application for anticipatory bail. The court examined the factual submissions and noted the lack of direct possession and the petitioner's clean antecedent. Consequently, the court directed that the petitioner be released on bail, subject to a bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS, if he surrenders within four weeks.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the CrPC in a case of alleged illegal liquor trade under the Bihar Prohibition and Excise Act.
- Whether the petitioner had actual or conscious possession of the seized illicit liquor.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40876 of 2026
Arising Out of PS. Case No.-2112 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Reshajuddin Quraishi S/o Md. Saidu Quraishi R/o vill - Rahmaniya Lane,
Chhoti Khagaul, P.S.- Khagaul, Distt.- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Ganesh Prasad Yadav, Advocate
For the Opposite Party : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 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 Phulwari Sharif
(Janipur) P.S. Case No.2112 of 2025 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 130 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner arrayed solely
for the reason that the petitioner is the owner of the Auto
Patna High Court CR. MISC. No.40876 of 2026(2) dt.25-06-2026
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bearing Registration No. BR01PL 6441. It is submitted that
the auto of petitioner was sold to one, namely, Rakesh
Kumar on 18.09.2025. 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, who is a man of clean antecedent, 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 Special Judge Excise- I, Patna in connection with
Patna High Court CR. MISC. No.40876 of 2026(2) dt.25-06-2026
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Phulwari Sharif (Janipur) P.S. Case No.2112 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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