Patna High Court
Satya Prakash PandeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nyaya Sanhita — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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/-
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