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Patna High Court

Satya Prakash PandeversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Satya Prakash Pande was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 405 litres of liquor recovered. He contended that his name appeared only because he was the registered owner of a car, which he had sold before the seizure, and that he had no conscious possession of the liquor. The prosecution opposed his request for anticipatory bail. The court observed that the recovery did not appear to be from the petitioner's physical possession and noted his clean antecedents. Consequently, the court directed 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 Bharatiya Nyaya Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner had actual possession of the illicit liquor seized.
  • Whether the evidence presented by the prosecution is sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure Code
  • excise law
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.40995 of 2026
                     Arising Out of PS. Case No.-15 Year-2026 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Satya Prakash Pande s/o Kaushal Kishor Pande Resident of Village- Minapur,
                 P.S- Minapur, District- Muzaffarpur

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Piyush Parasar, Advocate
                 For the Opposite Party :         Mr. Sanjay Kumar Tiwary, 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 Khajauli P.S.

                   Case No.15 of 2026 registered under Sections 274, 275, of

                   Bharatiya Nyaya Sanhita (in short ‘BNS’, 2023) and 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 405 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely for
Patna High Court CR. MISC. No.40995 of 2026(2) dt.25-06-2026
                                            2/3




          the reason that he is the registered owner of car. It is also

          submitted that petitioner has already sold his car to one,

          Mr. Saddam Hussain, by virtue of a Sale deed dated

          14.12.2025. 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
               Patna High Court CR. MISC. No.40995 of 2026(2) dt.25-06-2026
                                                           3/3




                         learned Court of Exclusive Special Judge, Excise, Madhubani,

                         in connection with Khajauli P.S. Case No.15 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


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