Patna High Court
Tufan BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to conditions.
Summary
The petitioner, Tufan Baitha, was named in an FIR for allegedly possessing 28 litres of illicit liquor and violating Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that the seized liquor was not in his conscious possession and that the seizure list lacked independent corroboration. The State opposed the bail, contending the allegations were prima facie valid. The court examined the factual submissions and noted the petitioner’s clean antecedent, finding no clear evidence of his physical possession of the liquor. Consequently, the court ordered that the petitioner be granted anticipatory bail upon surrender within four weeks, subject to a bail bond and sureties, and conditioned under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case of alleged illicit liquor possession
- Whether the seizure of liquor establishes conscious possession by the petitioner
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illicit liquor
- possession
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40913 of 2026
Arising Out of PS. Case No.-504 Year-2020 Thana- TURKAULIYA District- East
Champaran
======================================================
Tufan Baitha Son of Surya Baitha Resident of Village- Bijulpur Bankati, P.S.-
Turkauliya, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Turkauliya P.S. Case
No. 504 of 2020 registered for the offences punishable under
Sections 272, 273 of the I.P.C. and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The allegation against the petitioner is to have in
possession of 28 litres of illicit liquor and engaged in illegal
trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that recovery of alleged illicit liquor was not made
from conscious possession of this petitioner. It is submitted that
seizure list also appears disputed being not supported by
Patna High Court CR. MISC. No.40913 of 2026(2) dt.24-06-2026
2/2
independent witnesses and, moreover, petitioner is a man of
clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. In view of the 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,
above-named petitioner, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Special Judge, Excise Court No. 1, East
Champaran, Motihari/concerned court in connection with
Turkauliya P.S. Case No. 504 of 2020, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C/Section 482(2)
of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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