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Patna High Court

Chhotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of recovery of illicit liquor from the petitioner's possession and given his clean antecedent, anticipatory bail was warranted.

Summary

Chhotu 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 Act (Amendment) 2022, based on a farmer’s disclosure and the recovery of 50 litres of liquor. The petitioner contended that he was not arrested on the spot, no liquor was found in his possession, and the seizure was conducted solely by police without any independent witness, asserting his clean antecedents. He applied for anticipatory bail, which the State opposed. The High Court observed that the recovery was not made from the petitioner’s conscious possession and, considering his clean record, directed that he be released on bail upon surrender within four weeks, subject to a bail bond and sureties, and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioner.

Issues considered

  • Whether anticipatory bail should be granted when the alleged contraband was not recovered from the petitioner's possession.
  • Whether the lack of independent witnesses to the seizure affects the prima facie case against the petitioner.
  • Whether the petitioner’s clean antecedent warrants bail under Section 438(2) of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail bond
  • seizure
  • police witness

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40981 of 2026
                        Arising Out of PS. Case No.-65 Year-2026 Thana- GOGRI District- Khagaria
                 ======================================================
                 Chhotu Kumar Son of Subodh Yadav Resident of Village- Usri, P.S.- Gogari,
                 District- Khagaria.

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Manoj Kumar, 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 Gogri P.S. Case

                   No.65 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise Act (Amendment Act, 2022).

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 50 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely on

                   the disclosure made by the local farmer. It is also submitted
Patna High Court CR. MISC. No.40981 of 2026(2) dt.25-06-2026
                                            2/3




          that the petitioner was neither arrested on spot nor any illicit

          liquor was recovered from his possession. 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 Exclusive Special Excise Judge 1st , Khagaria, in

          connection with Gogri P.S. Case No.65 of 2026, subject to
               Patna High Court CR. MISC. No.40981 of 2026(2) dt.25-06-2026
                                                           3/3




                         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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