Patna High Court
Chandrama PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor was not made from the petitioner's conscious possession and he possessed a clean antecedent.
Summary
The petitioner, Chandrama Prasad, 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 189 litres of liquor. He contended that he was implicated only because he owned the car used to transport the liquor, which he had sold before the incident, and that the liquor was not found in his conscious possession. The Additional Public Prosecutor opposed his request for anticipatory bail. The court noted the lack of direct possession and the petitioner's clean antecedent, and consequently ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was to be effected through the Exclusive Excise Court‑1, Banka. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail is appropriate when the accused is not in conscious possession of the illicit liquor.
- Whether ownership of a vehicle used for transport, sold prior to the incident, suffices to justify arrest.
- Whether the petitioner's clean antecedent warrants bail.
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
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40956 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- BAUNSI District- Banka
======================================================
Chandrama Prasad S/o Rajendra Prasad Resident of Village Ward No.- 15,
Mahabir Dham Caster Town, Deoghar, P.S.- Deoghar, District Deoghar
(Jharkhand)
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Dineshwar Prasad Singh, Advocate
For the Opposite Party : Mr.Ramesh Chandra, 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 Baunsi P.S. Case
No.50 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 189 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.40956 of 2026(2) dt.25-06-2026
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the petitioner that the name of petitioner arrayed solely for
the reason that he is the owner of the car which was
involved in carrying illicit liquor. It is submitted that the
petitioner has already sold the car before the occurrence. It
is also submitted that recovery of illicit liquor was not made
from conscious possession of this petitioner. 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
learned Exclusive Excise Court- 1, Banka, in connection with
Baunsi P.S. Case No.50 of 2026, subject to the conditions as
Patna High Court CR. MISC. No.40956 of 2026(2) dt.25-06-2026
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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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