Patna High Court
Bhupen Uraon @ Bhupen UrawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the seized liquor was not found in the petitioner's physical possession and he has a clean antecedent, the court granted anticipatory bail subject to conditions.
Summary
The petitioner, Bhupen Uraon, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under IPC sections 272 and 273 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, after three litres of liquor were recovered from his house. He contended that the seizure violated Section 103(4) of the Bihar Narcotic Substances Act because no independent witness was present and that the liquor was not in his conscious possession. The State opposed his application for anticipatory bail. The court observed that the liquor was not recovered from the petitioner's physical possession and noted his clean antecedent. 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 BNSS.
Issues considered
- Whether the seizure of liquor complied with Section 103(4) of the Bihar Narcotic Substances Act.
- Whether the petitioner was in physical possession of the seized liquor.
- Whether anticipatory bail should be granted to the petitioner.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(4)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illegal liquor
- search and seizure
- clean antecedent
- Criminal Procedure Code
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41011 of 2026
Arising Out of PS. Case No.-575 Year-2021 Thana- KHAJANCHI HAT District- Purnia
======================================================
Bhupen Uraon @ Bhupen Uraw, S/o Late Rasik Lal Uraon, Resident of
Village- Janta Chowk Court Station near Gumati No. 3, Ward No. 18, P.S.-K.
Hat, Distt.- Purnea.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh-I, 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 K.Hat P.S. Case
No.575 of 2021 registered under Sections 272, 273 of the
Indian Penal Code and Section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 3 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the seized liquor was recovered from the
Patna High Court CR. MISC. No.41011 of 2026(2) dt.25-06-2026
2/3
house of the petitioner. It is further argued that Section
103(4) of BNSS has not been complied with qua search of
premises, inasmuch as no independent witness was
associated with the search and seizure list and the seizure
witnesses were police personnel themselves. It is submitted
that nothing has been recovered from the conscious
possession of the petitioner. The 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 of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, who is
a man of clean antecedent, 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 Judge, Excise-I, Purnea in
Patna High Court CR. MISC. No.41011 of 2026(2) dt.25-06-2026
3/3
connection with K.Hat P.S. Case No.575 of 2021, 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.)
Raushan/-
U T
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